Byrne v. Ft. Smith National Bank
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. Yancey Lewis, Judge. Ft. Smith National Bank filed a petition in equity against P. J. Byrne as assignee for Grayson Brothers and others to reform a mortgage. There was a decree for plaintiff. Defendant appeals. This is an appeal from the decree rendered by the United States court for the-Northern district of the Indian Territory.
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Appeal from the United States court for the Northern district. Yancey Lewis, Judge. Ft. Smith National Bank filed a petition in equity against P. J. Byrne as assignee for Grayson Brothers and others to reform a mortgage. There was a decree for plaintiff. Defendant appeals. This is an appeal from the decree rendered by the United States court for the-Northern district of the Indian Territory. The facts are as follows: On the 24th day of June, 1895, Grayson Bros., who were, and had bfeen fora long time prior thereto, conducting a large mercantile business at Eufaula, Ind. Ter., applied to the…
1Opinion of the CourtSpringer, C. J.
(after stating the facts.) Counsel for appellants assign as error the'overruling of their demurrer to appellee’s petition. As will be seen from the statement of the case, the petition alleged a mistake in the description of the. mortgaged property, and prayed the court to reform the same, so as to correct said mistake, and that its rights might be determined according to the terms of the mortgage as it would stand when so reformed. To this petition appellants demurred, for the reason that, if the matters stated were true, they do not entitle the petitioner to the relief prayed for. The court…
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