Tompkins v. Rodenberger

The plaintiff brought this action, which was tried before the court, to rescind upon the ground of fraud, and cancel of record, a deed given to the defendant, Marie Rodenberger. The defendant First National Bank of Newark Valley claimed to be a mortgagee of this defendant in good faith and without notice of the fraud. The defendants, John Niemi and Robert Marshall, are attachment creditors of the defendant Rodenberger.

The proof shows that on August 11, 1950, the defendant Rodenberger gave plaintiff’s attorney her personal check in the amount of $3,150, as consideration for the deed of certain…