Fulton County National Bank & Trust Co. v. Reese

Plaintiff brought this action to reform the description in a mortgage, to foreclose the same as reformed and to have it declared a lien prior to another mortgage. The mortgagors were not the owners of the property described in the mortgage but were the owners of the lands intended to be covered. Through error the wrong description was inserted in the instrument. Later the premises intended to be mortgaged were deeded to one of defendants and the deed specifically stated that the premises were subject to such mortgage. That defendant admitted that he knew of the existence of the mortgage and…