Pieh v. Flitton

Lees, C.

This action was brought on two promissory notes executed by the defendants.

As one of their defenses, defendants pleaded that plaintiff had a homestead claim near Wolf Point, Montana, which he offered to sell and relinquish to them; that he falsely and fraudulently represented that defendants could obtain a patent to the land free from reservations of minerals; and that in reliance upon these representations the defendants gave the notes in question and made a homestead entry of the land. It was alleged that such a patent could not be obtained and that the land was subject to a…