(DOWNLOAD) "Richard O. Nichols v. Shelard National" by Supreme Court of Missouri " eBook PDF Kindle ePub Free
eBook details
- Title: Richard O. Nichols v. Shelard National
- Author : Supreme Court of Missouri
- Release Date : January 03, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The plaintiffs, Richard and Janice Nichols, brought this action in Hennepin County District Court seeking to have a $30,000 second mortgage on their home held by the defendant, Shelard National Bank, declared null and void. The bank counterclaimed to foreclose the mortgage. The Nichols responded by requesting that the mortgage either be declared null and void or be reformed "to embody the actual agreement of the parties." The trial court, hearing the case without a jury, ordered that the mortgage be reformed from $30,000 to $10,000 and that the mortgage, as reformed, be foreclosed. The bank argues on appeal that the trial courts findings are manifestly contrary to the evidence and that the trial court erred in reforming the mortgage instrument from $30,000 to $10,000. We reverse.