Foddrill v. Dooley

1. Where the holder of a writing, which is a note and mortgage to secure the amount specified in the note, brings an equitable action to reform such writing (which is signed by T. M. Foddrill, agent), by having the name of his mother added thereto, on the ground that the son had authority from his mother to sign her name thereto, and failed to do so, by fraud, accident, or mistake, and that such holder and the son were under mutual mistake, when such signature was made, that it would bind the mother; held:

(а) If the mortgage was void because of an insufficient description of the property, the…