New Jersey Franklinite Co. v. Ames

The opinion of the court was read by

Green, C. J..

A bill is filed by Oakes Ames to foreclose a mortgage, given by the New Jersey Franklinite Company to Ames, for $50,000. The mortgage is dated November 2d, 1853. The entire principal, with a large arrear of interest, is due upon the mortgage. The defendants claim that the mortgage covers more property than it was intended to cover, and they ask that the mistake be corrected, and that part of the mortgage premises be relieved from the lien of the mortgage.

*513It is not clear that the mistake is established with sufficient certainty to entitle the…