Equitable Mortgage Co. v. Brown

1. It is not a valid objection to the allowance of an equitable amendment to a claim at law that it fails to allege the plaintiff in execution had notice of the facts or grounds in such amendment set forth as the basis of the claimant’s alleged title to the property in dispute.

Argued February 23, Decided March 25, 1898. Levy and claim. Before Judge Janes. Douglas superior court. May term, 1897. Payne & Tye, G. E. Haiuher, T. W. Latham and W. T. Roberts, for plaintiff. L. R. Ray and J. 8. J ames, contra.

2. Delivery is essential to the validity of a deed, and there can be no delivery, after the…