Hogan v. Ross

Plaintiff commenced this action to foreclose a real estate mortgage executed by the defendants as part consideration in the exchange of properties between them. With this phase of the case the appeal is only incidentally concerned.

The controversy has its inception in the allegations of the defendants as found in their cross-petition. The prayer of the defendants is for a rescission, and they ask that they be put in statu quo. This claim is based on certain alleged fraud and misrepresentation oh the part of the plaintiff in effectuating a sale or exchange to defendants of a certain 315-acre…