Diven v. Ashbaugh

Plaintiff, vendee, sues defendant Ashbaugh, -vendor, to rescind a contract for the sale- of a farm and certain personal property, upon the ground of fraud. Defendant Foody is the owner of certain mortgages on both land and chattels, executed, recorded and filed before the execution of the contract ¿and; .plaintiff’s taking possession thereunder, and of certain judg*214ments against defendant * Ashbaugh, afterwards perfected and docketed. Defendant Prozeller is a subsequent grantee of the legal title to the lands in question. No answer has been served and this is a motion for judgment on the…