Ames v. Brown
Supreme Court of Minnesota
Plaintiff brought this action in June, 1874, in the court of common pleas of Hennepin county, praying that a certain mortgage from herself to one Spencer, together with the sheriff’s certificate of sale to Spencer, on foreclosure of the mortgage, and the assignment of such certificate from Spencer to the defendant, Anna Maria Brown, might be adjudged null and void, that the sale be set aside, and the mortgage, certificate and assignment might be cancelled of record as a…
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Plaintiff brought this action in June, 1874, in the court of common pleas of Hennepin county, praying that a certain mortgage from herself to one Spencer, together with the sheriff’s certificate of sale to Spencer, on foreclosure of the mortgage, and the assignment of such certificate from Spencer to the defendant, Anna Maria Brown, might be adjudged null and void, that the sale be set aside, and the mortgage, certificate and assignment might be cancelled of record as a cloud upon her title. The ground on which this relief was asked was that the number of the section in the description of…
1Opinion of the CourtCornell, J.
The modern rule is well settled that an alteration of a deed or written instrument, even though in a material part, by a mere stranger, without the privity, *260knowledge, or consent of the party interested, will not render it void. Waring v. Smyth, 2 Barb. Ch. 119, and note. In this case no privity existed between Spencer, the mortgagee, and S. C. Gale, who made the alteration for the sole purpose of conforming the mortgage to the intention of the parties, and to correct a mistake which he, as the scrivenei of the mortgagor, had committed in drawing it, and which he innocently supposed he had…
2Cases cited1 opinion
- Waring v. SmythNew York Court of Chancery · 1847
3Cited by6 opinions
- Clyde S. S. Co. v. WhaleyCourt of Appeals for the Fourth Circuit · 1916
- Edwards v. ThompsonWashington Supreme Court · 1917
- Lohman v. ReymondNew Mexico Supreme Court · 1913
- Port Huron Engine & Thresher Co. v. ShermanSouth Dakota Supreme Court · 1901
- Russell v. ReedSupreme Court of Minnesota · 1887
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