Austin v. Evans

This is an action by J. G. Austin, administrator of the estate of Scott A. Yeargain, deceased, plaintiff in error and plaintiff below, against F. W. Evans et al., defendants in error and defendants below. The purpose of the action was to reform and foreclose a mortgage combined with an action by plaintiff to cancel the defendant’s mortgage.

The plaintiff alleged that the mortgage covered and intended to cover an 80-acre tract of land in section 19, township 26 north, range 23 east, Ottawa county, the property of the daughter of the mortgagor, but that by error the range thereof was erroneously…