Harvey v. Dakin

Suit upon a note.

Answer that the note was given for a certain tract of land; that the plaintiff fraudulently represented that he had the fee simple title to the land, while, in fact, the fee simple title was in one Hiesler. Eeply in denial. Trial. Judgment for the plaintiff. •

A new trial was moved for upon this single ground, that the Court had not jurisdiction, because the title to real estate was in issue.

The Court overruled the motion; and the question whether the title to real estate was put in issue by the pleadings is the only one before us. • The evidence is not in the record.

It is…