Levin v. Bernstein

This is a bill in equity to reform a mortgage on the ground that there was mutual mistake in that the language used does not express the intent of the parties, who executed it in ignorance of the error. The judge stated that he was not satisfied that the words affecting the meaning of the instrument which it was claimed were used contrary to the intention of the parties, were used either by inadvertence, clerical error or mistake, and found rather that they were inserted advisedly. He dismissed the bill. The plaintiff appealed.

The law is settled that equity will not reform a document on the…