Federal Land Bank of Berkeley v. Salt Lake Valley Sand & Gravel Co.

MOFFAT, Justice.

This is an action in equity seeking that a release of mortgage “be cancelled or annulled” as to a tract of 15.63 acres of land out of a total of something over 800 acres included in the original mortgage and the release thereof.

The trial court denied plaintiff Bank relief and dismissed its complaint on the merits. In addition to cancellation and annulment of the release of mortgage plaintiff also prayed that the release be reformed, which by necessary consequence required a reformation of the mortgage so as to make it applicable only to the 15.63 acre tract and for foreclosure…