75 Iowa 28 | Iowa | 1888
— I. It will be conceded that the plaintiffs have established the claimed mistake in drafting the mortgages. One material question discussed by counsel is whether Booker had notice or such knowledge of the mortgages and of the mistakes prior to his purchase at sheriff’s sale as to put him on inquiry. There is some evidence that tends to show that he had. But, after a careful reading of the evidence, we unite with the court below in the conclusion that the plaintiffs have failed to establish such proposition by a preponderance of the evidence. The evidence which has such tendency is not so direct, certain and satisfactory as to overcome the denials of Booker and Wills, who testify that,' while they had knowledge of the mortgages, they did not have any knowledge of the mistake in describing the land.