Jones v. First Nat. Bank of Ashland

FOSTER, Justice.

The purpose of this suit in equity is to reform a mortgage and its- foreclosure deed to the mortgagee as the purchaser at the sale so as to correct an erroneous feature of the description set out in them both, relating to the government numbers.

The answer denies the execution of the mortgage, and, therefore, that there was any mistake in the description, but admits the execution of the notes to secure borrowed money, with M. F. Jones as surety. It alleges that he paid the debt and the notes were surrendered to him by the bank, the payee.

A further defense set up is- that the…