Shay v. Pettes
Illinois Supreme Court
Writ of Error to the Circuit Court of Tazewell county; the Hon. Jambs Harriott, Judge, presiding. This was a hill in chancery, exhibited in the court below by William Pettes and ¡Nathaniel W. Ingalls against Abraham Shay and David Shay, to correct an alleged mistake in a mortgage from Abraham Shay to one John A. Jones. Bill sustained in the court below. All the facts necessary to an understanding of the case will be found in the opinion of the court.
1Opinion of the CourtJustice Beckwith
This is a suit in equity to correct an alleged mistake in a mortgage from Abraham Shay to John A. Jones. The supposed mistake is in the description of the northeast quarter of the northeast quarter of section seven, as the northeast quarter of the southeast quarter of the same section. It appears from the evidence that Jones sold and conveyed to Shay three tracts of land, each containing forty acres, one of which tracts was the northeast quarter of the northeast quarter of the said section; and that the mortgage in question was executed to secure a portion of the purchase-money. Jones…
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