Home Owners' Loan Corp. v. Oakson

The opinion of the court was delivered by .

Burch, J.:

This is a mortgage-foreclosure case in which the *756district court granted reformation of the mortgage because of a mutual mistake in the description of the part of the property and improvements intended to be covered by the mortgage. The appellant contends that the evidence did not establish any mutual mistake and that the appellee is estopped to assert such a mistake even if it occurred. A. P. Oakson will be considered as the appellee although the action has been revived against his heirs and administrator. The substance of the essential…