31 Ind. 109 (S. C. 99 Am. Dec. 610)—all to the point that to secure a statutory lien, a full compliance with the statute is necessary. That the court cannot reform the notice of lien: Goss v. Strelitz, 54 Cal. 640; Lindley v. Cross, supra.
A. B. Levisee, for the respondent: : Equity relieves against mistake, not only in cases of contract, but in other cases: Hutchinson v. Ainsworth, 15 Pac. 82; Ross v. Williams, id. ib. 47; Gebel v. Weiss, 8 Atl. Rep. 889; Burgess v. Graffan, 10 Fed. 216: The strict rule applied in descriptions in mechanics’ liens is not proper here, because the seed lien does not affect realty.
Wallin, J. This is an action to foreclose a seed lien sought to be enforced under Comp. Laws. §§ 5490-5495, (Sess. Laws 1887, c. 150.) The complaint is as follows:
“(1) That the defendant Clayton E. Bradley on the 30th day of March, 1889, executed and delivered to this plaintiff his certain promissory note bearing said date, whereby he promised to pay to this plaintiff, or to his order, on or before the 1st day of October, 1889, three hundred and thirty dollars, with 10 per cent. annual interest thereon from the date thereof.
“(2) That plaintiff is still the holder and owner of said note which is now past due and wholly unpaid.
“(3) That the consideration of said note was three hundred bushels of seed wheat sold and delivered by this plaintiff to said Clayton E. Bradley for the express purpose of seeding a certain half section of land, which he then spoke of as the land which he had recently purchased from Clayton, and as the Clayton farm, or the Clayton tract, to-wit, the north half of section thirty-two of township one hundred and forty-seven of range fifty-one, the same lying and being in the county of Traill, aforesaid, for the crop of 1889.
“(4) That within thirty days after the sale and delivery of said seed wheat as above set forth, to-wit, on the 30th day of March, A. D. 1889, this plaintiff, for the purpose of securing the payment of the price of said seed wheat, prepared and filed a notice of said lien, which notice is in the words and figures as follows:
