Kiefer v. Rogers
Supreme Court of Minnesota
In tbe month of March, 1870, one Colter, being then the owner of a tract of land in Washington county, subject to a mortgage for $4,000, sold and conveyed tbe same to the defendant G-riff H.’ Rogers, who agreed to assume tbe mortgage and to secure the unpaid purchase money by a mortgage for $2,250 on other lands belonging to him.
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In tbe month of March, 1870, one Colter, being then the owner of a tract of land in Washington county, subject to a mortgage for $4,000, sold and conveyed tbe same to the defendant G-riff H.’ Rogers, who agreed to assume tbe mortgage and to secure the unpaid purchase money by a mortgage for $2,250 on other lands belonging to him. Before tbe execution of this last mortgage, however, Colter told Rogers that he should want additional lands included in it, whereupon Rogers told bim to insert therein any lands he pleased. Colter accordingly directed the conveyancer by whom tbe mortgage was to be…
1Opinion of the Court
By the Court.
Ripley, Ch. J.
The court below finds that the plaintiff bought the property in question, relying upon the representation of the defendant that there was no other incumbrance thereof than the mortgage for $4,000. Although the defendant was then ignorant of the existence of the incumbrance thereon of the mortgage for $2,250, there is no doubt but that, under the circumstances, his representation must be treated as fraudulent, as much so as if he had told a willful falsehood.
The court finds that said record incumbrance arose as follows:
One Colter had sold the defendant the property…
2Cases cited5 opinions
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Smith v. RichardsSupreme Court of the United States · 1839
- Hepburn and Dundas's Heirs v. Dunlop & Co.Supreme Court of the United States · 1816
- Martin v. MartinSupreme Court of Alabama · 1860
- Garner, Neville & Co. v. LeverettSupreme Court of Alabama · 1858
3Cited by27 opinions
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- Judd v. WalkerSupreme Court of Missouri · 1908
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Westerman v. CorderSupreme Court of Kansas · 1912
- Graham v. ThompsonSupreme Court of Arkansas · 1892
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