State v. Asher
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. SANDERS, Judge. The proposition that Moore can enforce his lien as against Fitzpatrick’s mortgage, in a court of equity, is without force. 37 Ark., 412; Turner v. Blount, 49 Ark., 361. The false representation was that the property was free from incumbrance of any kind,and Fitzpatrick’s mortgage was an incumbrance whether recorded or not. 25 Ark., 152; 32 Id., 166; 35 Id., 365. See also 5 Parker’s Or.
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APPEAL from Phillips Circuit Court. M. T. SANDERS, Judge. The proposition that Moore can enforce his lien as against Fitzpatrick’s mortgage, in a court of equity, is without force. 37 Ark., 412; Turner v. Blount, 49 Ark., 361. The false representation was that the property was free from incumbrance of any kind,and Fitzpatrick’s mortgage was an incumbrance whether recorded or not. 25 Ark., 152; 32 Id., 166; 35 Id., 365. See also 5 Parker’s Or. Rep.,. 142; 72 Me., 238; 44 Mich., 290; 78 N. C., 460; 30 Ind., 350. If Moore in fact obtained a first lien, then there was no false pretense. 1. A…
1Opinion of the Court
Cockrill,C. J.,
1. Criminal Law: False pretenses.
2. Same ; Same: Indictment. (after stating the facts as above set forth.) ;To constitute an offence within the meaning of section 1645 Mansfield's Digest, something of value must be obtained by means of a false pretence with the intent to defraud. To obtain goods with the intent to defraud is not enough. It must be accomplished by a false pretence.
“By the terms of the statute the pretence must be false. And the doctrine undoubtedly is, that if it is not false, though believed to be so by the person employing it, it is insufficient." 2 Bish. Cr.…
2Cases cited1 opinion
- Bank of United States v. SmithSupreme Court of the United States · 1826
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