Conta v. Corgiat

— Two actions in equity, growing out of the same transaction between the same parties, and depending upon the same state of facts, are presented in this appeal. In the first, the appellants Conta and wife, as plaintiffs, sued for rescission of a purchase of real estate from the respondents Corgiat and wife, on the ground of fraud and misrepresentation as to the length of the lot. In the second, the respondent John Corgiat sued the appellants Conta and wife, seeking to foreclose a mortgage upon the real estate in question given by *29the appellants to secure the payment of a part of the purchase…