Fitzhugh v. . Sackett

Defendant was the owner of certain real estate, upon which was a mortgage held by plaintiffs’ testator. One Elisha B. Sackett, a brother of defendant, induced the mortgagee to receive certain drafts, purporting to be accepted by defendant, and to assign the mortgage to him. The acceptance was in fact by another William H. Sackett, who was entirely irresponsible. Elisha B. Sackett was in no manner bound to pay the mortgage. The transaction was unauthorized by defendant, who was entirely ignorant of it at the time, hut who was informed of it a few months thereafter. The mortgage was…