Willett v. Stewart

The following opinion was filed February 15, 1938:

Martin, J.

There are some undisputed facts in this case which we regard very important. There was a positive representation made to Mr. Stewart that his $5,000 loan to the Runges was to be secured by a mortgage on about eleven and one-half acres of land and a tile factory. It is so stated upon the face of the note secured by the mortgage. It further appears from the findings that the descriptions in both the deed and the mortgage, deducting the areas included in the parts excepted and including the one and four-tenths acres referred to as the…