Smith v. Butler

By the Court,

Lord, J.:

This was a suit to correct a mistake in a decree of partition. The mistake originated in the description of a division line in the report of referees, and not being noticed at the time, was confirmed by the court without objection, and incorporated in its decree. The complaint is subject to some criticism for much redundant matter, but no pleading was resorted to to expunge these objectional features in the court below. It does, however, allege facts sufficient to show the mistake, and in what it consisted, and prays the equitable interposition of the court for the…