was extended by the mortgage and the rate of interest was reduced.
One of the properties which the said Johanna Duggan had agreed to so mortgage had been conveyed to her late husband, through whom she claimed, by four different deeds.
Three of these deeds conveyed each a one undivided sixth interest in that lot of land, and the fourth deed conveyed a one-half interest. The conveyancer who prepared the mortgages had before him one of the deeds which conveyed a one-sixth interest in this lot. By mistake and from inadvertence a one-sixth interest in that lot instead of the entire interest therein was described in and conveyed by the mortgage. Neither Johanna Duggan nor the appellants knew of the mistake until after the mortgage had been foreclosed in 1887.
On the 3rd day of December, 1887, the property was sold under foreclosure, and by sheriff's deed bearing that date the lands and premises covered by the mortgages were conveyed to the appellants. On the 27th September, 1887, the respondent, Charles Cogswell, recovered judgment upon a mortgage bond against Johanna Duggan, and the said judgment was on the same day duly recorded in the office of the registry of deeds at Halifax.
On the 3rd of July, 1889, the said Charles Cogswell caused to be issued out of the Supreme Court upon the said judgment a writ of execution, whereby the sheriff was commanded to levy on the real property of the said defendant, Johanna Duggan. Under the said execution and the instructions thereon endorsed the sheriff of the County of Halifax attempted to levy upon five undivided sixth parts the lot already mentioned.
On the 3rd of July, 1839, the said sheriff, by the direction of the said respondent Charles Cogswell, advertised the said five undivided sixth parts for sale at public auction.