Page:Federal Reporter, 1st Series, Volume 1.djvu/305

 TDKNEB V. HAUT. 297 �ing of the parties ; that if the mortgage is construed to be limited to the Brooks land, eomplainants will lo-se almost the whole of their debt against Hart, as such mortgage will cover only about 14 acres. �The bill prays that the words used in the mortgage, "the land conveyed to me by Brooks' heirs," be construed and held to mean ail the lands within the aforesaid boundary owned at the time of the execution thereof by Hart, and that the mort- gage may be reformed so as to express the true intention and meaning of the parties and for foreclosure. �Defendant Ward answers, admitting the bankruptcy, the execution of the mortgage, the levy of the execution and the sale, and the subsequent purchase by compiainant; alleges that it was not the intention of the parties to eonvey the entire interest of Hart in the three pareels; that it was known that said execution amounted to less than $2,000, and that the two tracts covered by the levy were worth $5,000, and that they were sold at less than one-third of their ap- praised value. He denies that there is now only about 100 acres of unsold land in the three tracts, but avers that the same amounts to at least 160 acres. He avers that the mortgage was only intended to cover 100 acres of the 263 acre^ described upon the map as the "Brooks land;" and that, at the time, this land was considered and was in fact ample security for the mortgage, as well as the levy; denies any mistake in the execution of the mortgage, and says it is actually as it was intended at the time to make it, and that the change suggested in the bill was only an after- thought; and further submits that eomplainants' mortgage is wholly void because of its indefiniteness ; that it does not BufSciently describe any land, or identify any part of the Brooks tract. �D. W. Armstrong, for eomplainants. �Walter Evans, for defendants. �Brown, J. It seems that the original Brooks tract, upon the Ohio river, consisted of a parcel described upon the map as the "Brooks land," 263 acres; the second parcel, known as the "Fuller tract," 21 acres; and of a third tract, known ��� �