Lawless v. Sevier

Opinion by

Judge Pryor:

In this case the testimony leaves but little room for doubt as to the boundary of land intended to be conveyed to the appellee to indemnify him as the surety of the appellant, Lawless, and is equally satisfactory as to the manner in which a part of the land mortgaged was omitted from the judgment. While the appellant, Lawless, may not have intended any actual fraud, when he attempted to give the *232boundary or confine it to the Dodd land, he doubtless had in his mind the boundary of the first mortgage written and which the appellant declined to accept. The mortgage shows…