Smith v. Heinze

Under circumstances hereinafter stated Clyde U. Smith, herein referred to as plaintiff, and his wife gave to William Hugh Heinze, herein designated as defendant, and his wife a mortgage for $237.50 on plaintiff’s 80-acre farm; and plaintiff also paid to defendant $150. On the alleged grounds of fraud, misrepresentation and total failure of consideration, plaintiff seeks cancellation of the mortgage, removal of cloud upon title to his farm, repayment of the $150, and injunctive relief. After hearing on the merits the relief sought was granted, and defendant has appealed.

In 1938 defendant…