Walls v. State ex rel. Mallott

— This was an action brought by the appellee to reform and foreclose a school fund mortgage. The land mortgaged had been sold twice subsequent to the *17date of the mortgage, and at the time of the bringing of this action it was owned by the appellant Willard.

The complaint is first assailed as defective for the reason that it shows no demand made upon appellant for reformation of the mortgage prior to the commencement of the action ; and we are referred to Axtel v. Chase, 77 Ind. 74, in support of this contention.

That case decides that a cause of action simply to correct an alleged mistake in a…