Smith v. Funk

This was an action on a promissory note. The defendants set np as a defense, that the note was given for a forty acre tract of land, which the plaintiff sold to the defendant, Lydia Funk, and for which he made a quit-claim deed; that the plaintiff fraudulently represented that he had a good title to the land,when he had none, and fraudulently misrepresented the quality of the land, representing that it was well timbered when it was not, and that she purchased the land for the timber, etc. These allegations of fraud, etc., were denied by a replication.

The case was submitted to the court for…