Briggs v. Brushaber

Plaintiff sued defendant for fraud in inducing her by false representations to make a loan to one Ferchow secured by a mortgage on land which was worth much less than the sum loaned upon it. The ease was tried by jury, and special findings are returned. The sum loaned was $450, and for this a mortgage for' $500 was taken. The mortgagor was irresponsible.

The jury found that the fraud was made but by the evidence, and that plaintiff was entitled to recover. The mortgage, however, had never been foreclosed, and was still in the hands of the plaintiff as an existing security. Under these…