Newbern v. . Newbern

This was an action by tbe plaintiff against bis brother to convert a deed absolute on its face into a mortgage. In tbe original complaint there was no allegation that the clause of redemption was omitted by mistake. The amended complaint alleges that “by mistake of the draftsman who drew this paper-writing the clause of redemption was omitted therefrom,” and “that by reason of the ignorance or the mutual mistake of the parties or the mistake of the plaintiff, and fraud or undue advantage of the defendant, the said clause of redemption was omitted from said writing.”

There was testimony by the…