Bevis Construction Co. v. Grace

WIGGINTON, Chief Judge.

This interlocutory appeal is from an order dismissing a complaint in chancery as to A. Z. Alford, one of the defendants named therein.

The complaint seeks reformation of a mortgage executed by the record owners of a certain described parcel of land. It is alleged that because of a mutual mistake of the parties, land other than that agreed upon was erroneously described in the mortgage. It is prayed that the mortgage be reformed so as to correctly describe the land which the parties intended as security for the mortgage indebtedness. The sufficiency of the complaint to…