Kansas Val. Nat. Bank v. Rowell
U.S. Circuit Court for the District of Kansas
[This was a suit by the Kansas Valley National Bank of Topeka against Milo Row ell, assignee in bankruptcy of P. C. Schuyler & Son, bankrupts.] The bill of the complainant is for relief, and asks the decree of this court for the reformation of a mortgage executed by Philip C. Schuyler, one of the bankrupts, upon the ground that, by mistake, the instrument was so drawn as not to embrace the particular property which had been agreed upon, and which it was intended between…
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[This was a suit by the Kansas Valley National Bank of Topeka against Milo Row ell, assignee in bankruptcy of P. C. Schuyler & Son, bankrupts.] The bill of the complainant is for relief, and asks the decree of this court for the reformation of a mortgage executed by Philip C. Schuyler, one of the bankrupts, upon the ground that, by mistake, the instrument was so drawn as not to embrace the particular property which had been agreed upon, and which it was intended between complainant and said bankrupt should be embraced therein. The bill sets 'forth the negotiations and inducements which…
1Opinion of the Court
DILLON, Circuit Judge.
The mortgage of which a foreclosure is sought, was made by the bankrupt for the double purpose of securing a debt to the plaintiff previously contracted. and to secure future advances, which are alleged to have been subsequently made. The mortgage is upon real estate. The bill alleges a mistake in the description of the property, and asks that this mistake be corrected and the mortgage foreclosed. The assignee files a general demurrer, and insists that under the national banking act of June 3, 18G4 (sections 8 and 28), the plaintiff, as a corporation organized under that…
2Cited by1 opinion
- In re JonassonDistrict Court, D. Maryland · 1917