John T. Stewart Estate (Inc.) v. Falkenberg

The opinion of the court was delivered by

Porter, J.:

This was an action to reform a chattel mortgage covering eighty acres of wheat and to enforce the same by recovering a judgment for the proceeds of the wheat. John T. Stewart, of Sumner county, died September 1, 1905, and F. M. Borders was appointed as administrator. The mortgage was executed October 9, 1905, by Tom Shipp and his wife, and covered wheat just sown. It ran to John T. Stewart, but was given to F. M. Borders, the administrator, and it is claimed that by inadvertence it was made to read to John T. Stewart instead of F. M.…