Skivesen v. Brown

In this' case the appellant sold the Browns certain real estate. The Browns executed a mortgage to the appellant to secure the payment of the balance of the purchase price. The deed was delivered to Brown. The Browns executed a mortgage to the appellees, the Kemps, on the same property. On the day ,on which the deed was delivered to the Browns they exhibited the deed to the Kemps and procured a loan by such exhibition and by representing that the lands embraced in the mortgage were free and clear of all encumbrances and that they had good right and lawful authority to pledge the same for…