Russell v. Soper

ANDERSON, Chief Justice.

The main purpose of the bill of complaint is to eliminate. from the bank’s mortgage a certain tract or parcel of land of 20 acres, known as “Adele Spring,” because improperly included therein. It is immaterial whether the bill be designated as one of cancellation, to quiet title, or to correct a mutual mistake, as the main purpose of same is to strike from the mortgage the said parcel of land which had been improperly included therein.

The undisputed evidence shows that it was agreed between Fussell, the president of the bank, and the mortgagor that this tract should…