¶1delivered the opinion of the court.
¶2This was a suit for the specific performance of an obligation for the conveyance of land. The petition described the land as “ the southwest half of the south-east quarter of section No. 7, in township No. 37 north, of range 7 west, containing forty acres.” The judgment passed the title to “ the south half of the southeast quarter of section number seven, township number thirty-seven north, of range seven west, containing forty acres. The. judgment is not in accordance with the petition. This is an equitable proceeding, in which a mistake in the description may be pleaded and proved by either party.
¶3Judgment reversed and cause remanded, with leave to both parties to file amended pleadings.