McPherson v. Goldstein

In an action to foreclose two mortgages on real property, plaintiffs, as assignees of a mortgagee, appeal from so much of the judgment of foreclosure and sale as decreed reformation of the description of a right of way contained in each of the mortgages and decreed sale of the premises under the reformed descriptions. Judgment, in so far as appealed from, affirmed, with costs. It was alleged in the counterclaims that the mistake in the descriptions was due to an error of the scrivener and that the mortgages did not express the agreements actually made by the parties thereto. These allegations…