Mortgage — foredosv/re—description of premises. It is erroneous to enter a decree of foreclosure of a mortgage, upon premises not mentioned in the mortgage.
Weit of Eeeob to the Circuit Court of Tazewell county; the Hon. David Davis, Judge, presiding.
This was a bill in chancery to foreclose a mortgage upon the south half of the south-west quarter of Section twenty-eight, Township 26 north, of Range 4 west of the third principal meridian.
A decree was entered, directing the sale of the south half of the south-east quarter of the same section. The defendants below bring this writ of error to reverse that decree; and assign that the court below erred in decreeing the sale of the south half of the south-east quarter of said section, there being no allegation or proof that the parcel decreed to be sold was intended to be included in the mortgage.
*83Mr. B. S. PeettymaN, for plaintiffs in error.
Mr. Chief Justioe CatoN
delivered the opinion of the Court.
A single word will dispose of this case. The decree is for a foreclosure of the mortgage upon premises not mentioned in the mortgage. This is probably a clerical mistake, but the error is none the less fatal.
The decree is reversed, and the suit remanded.
Decree reversed.