This section contains the nature of the case and procedural background.

Jane Smith sold land to P for $800. Jane believed that she conveyed a fee simple but due to a scrivener's mistake, the deed was executed by her husband and she merely released a dower and homestead. The deed was not recorded until 1875. On September 18, 1878, Jane and her husband executed and delivered to P a deed to ratify the transaction and fix the error in the prior deed. P remained in open and notorious possession of the land since the first deed. Ward (D) in 1876, without consideration assigned to Morris a claim against Jane Smith. Morris sued on the claim in April 1876 and obtained an execution on the land. Before the attachment, Morris had no idea that Jane had sold the lot.

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