Cords

This case comes up on an appeal by the plaintiff from an order denying his motion for new trial.

The object of the action was to cancel a certain agreement relating to the satisfaction of a mortgage, to reform a release of the mortgage executed in pursuance of said agreement, and thereupon to foreclose said mortgage. The ground on which the relief was asked was that the agreement and release were given in consequence of a mutual mistake of the parties.

On June 18, 1908, one Tillman made an agreement in writing to sell to Goodwin a tract of land, stating therein that it contained 797 acres, more or less, at $150 per acre, making a total price of $119,550. The agreement provided that when two-thirds of the price was paid Tillman should convey the. land to Goodwin and Goodwin should execute a mortgage thereon for the remaining $39,850. The land at that time was all inclosed by fences supposed to include it all except a small tract in the northeast corner. Goodwin took possession of the land within the fences and of the small uninclosed tract, and has ever since held possession thereof. On June 14,1910, Goodwin having paid the two-thirds of the purchase money, Tillman conveyed the…