Donato v. Kimmins

Woods, Judge:

This appeal is taken from a final order of the circuit court of Marshall county, decreeing that a certain deed to • the plaintiff, as well as the deed of trust and note given to secure part payment on same, be reformed, and dismissing plaintiff’s bill. The bill prayed for an injunction restraining the trustee from selling the real estate conveyed by the trust deed, and for the abatement of the purchase, price in such a sum as would compensate plaintiff for a deficiency in the land re^ ceived under his deed, the coal thereunder having been previously conveyed.

Both the plaintiffs…