Elwood v. Stewart

The opinion of the court was delivered by

Hott, J.

This action was brought to reform the description in a deed made by two of the appellants to the respondent. Two principal questions are presented: First, Has the plaintiff shown that there was a mistake in the description such as would authorize a court of equity to amend the same as between the parties thereto; and, secondly, does the proof show that the appellants Spinning occupied such a relation to the land in question that they will be protected as innocent purchasers?

The pleadings and proofs show that the mistake in the description…