22 Minn. 257 | Minn. | 1875
The modern rule is well settled that an alteration of a deed or written instrument, even though in a material part, by a mere stranger, without the privity,
But for such alteration, it is not denied that the judgment of the court below, ordering a reformation and foreclosure of the mortgage, is fully sustained by its findings. Defendants seek no benefit or advantage by reason of the unauthorized alteration and void foreclosure, but simply ask that their equitable lien upon the premises be made effectual by a reformation of the mortgage to correspond with the actual agreement and intention of the original parties, and its foreclosure as so reformed. To deny this relief, and at the
Judgment affirmed.