Ludington v. Ford

Marston, J:

The bill in this case was filed to correct a mistake. It is *124claimed, that at tlie time of the agreement of April 5, 1859, referred to in the case of Ford v. Loomis, supra p. 121, a certain description of land which was not embraced in the tax deeds to Durand, but which was embraced in the deeds from Ford to Durand of November 16, 1858, was by mistake omitted from the deed made by Durand to complainants.

In order for the complainants to obtain the relief sought, it must appear not only that there was an error on both sides, but the mistake must be admitted or distinctly proved.…