Hervey v. Crouch

Lively, Judge :

This is an action of trespass on the case for fraud and de ceit, brought by the plaintiff, W. F. Hervey, against the defendant, G-. D. Crouch. In the court below the defendant demurred to the declaration of the plaintiff. The lower court overruled the demurrer, and on the court’s own motion the ruling on the demurrer was certified to this court.

The declaration alleges, in substance, that defendant, G. D. Crouch, claimed to be possessed of a certain oil and gas lease on real estate situate in Monroe County, Ohio; that the defendant by falsely and fraudulently representing* that…