Flynn v. Moore

The judgment of the court was pronounced by

Rost, J.

The defendant had sold to the plaintiff a town lot, for twelve hundred dollars; $300, cash, and the remainder in three notes, of $300 each. The plaintiff having failed to pay those notes at maturity, the defendant, took out an order of *401seizure and sale, which the plaintiff enjoined on the .following grounds: That one-half of the lot was at the time he purchased it in the possession of John H. Martinstein, who claimed it as owner, to the knowledge of the defendant, who fraudulently concealed that fact from him; that the city surveyor, having…