Szilagy v. Taylor

By the Court.

The determinative question involved in this appeal on questions of law arises out of the following facts:

An owner of two adjoining lots constructed a building thereon. It was the owner’s intention to locate the building on one lot only, but, by mistake, he built a small portion on his adjoining lot. To secure the. money to construct the building, he mortgaged the lot upon which he intended to build, and thereafter, not knowing that the building which he had constructed encroached upon his other lot, sold this other lot to the plaintiff below, the appellant here.

The mortgage was…