Vitito v. Hamilton

We extract from the special finding made in this case the'following facts: On the 17th day of March, 1877, William Hamilton was the owner of the tract of land described in the complaint of the appellee, and on that day executed to the latter a mortgage, intending to embrace therein the land described in the complaint, but by an error in drafting the mortgage the land was not properly described. This mortgage was duly recorded. Afterwards, on the 2d day of July of the year named, William Hamilton executed a mortgage to the appellant, a corporation called Aultman & Co., intending to convey the…