City Bank Farmers Trust Co. v. Heckmann

This action is to foreclose a mortgage and to cancel and reform a release of a certain strip of land from the lien of the mortgage on the ground of mistake or fraud and to declare said release either void or to be a release of merely an easement and not of the fee and thus subject to the lien of the mortgage.

The answer puts in issue the allegations of mistake and fraud and sets up as partial defenses the covenant contained in the mortgage providing for the release of certain acreage upon the payment of a certain sum, the tender of money sufficient to release two specific acres of the…