Fritz v. Fritz

BRADY, Chief Judge.

Plaintiff instituted this action to recover damages for fraud occasioned by the defendant’s allegedly wrongful recording of a warranty deed and subsequent order of execution thereon to satisfy a previous judgment against the plaintiff. The case was tried without a jury. The court found for the defendant. We affirm.

*199The facts as stipulated by both parties are that a partition sale of certain land was conducted in 1955. Plaintiff desired to purchase one of the parcels sold consisting of .548 acre but did not have the funds at that time. Defendant purchased the land for him and…