Johnston v. Sorrels

Beth Gladden Coulson, Judge.

The appellants, Gerald and Charlotte Johnston, purchased land at a mortgage foreclosure sale. This appeal is from a decree dismissing the appellants’ complaint in equity which sought to reform the property descriptions in certain mortgages, various foreclosure documents, and a commissioner’s deed to reflect lands allegedly omitted by mutual mistake of the appellees. The chancellor dismissed the complaint for want of equity on the grounds that purchasers at a foreclosure sale who are not parties to the mortgage being foreclosed cannot maintain an action for…