Carroll v. Hanahan

The bill of complaint seeks both a reformation and foreclosure of the mortgage and, as to the latter, contains equity. As to the reformation, the prayer to this extent is needless and of no effect, as the bill shows upon its face that the mortgagor and mortgagee had already voluntarily changed the mortgage in the particular as to which the reformation is sought. ■

As we view this case, the only point presented for review upon this appeal is whether or not this appellant, Carroll, who is a surety upon the notes which the mortgage was given to secure, is entitled to a release because of the…