Woods v. Nicholas

The opinion of the court was delivered by

Johnston, C. J.:

In an action brought by C. E. Woods he charged that L. W. Parker had deceived and defrauded him by selling and transferring to him two promissory notes executed in his favor by G. L. Nicholas, one for $327.50 and the .other for $300, due at different times, and representing that the notes were secured by a mortgage upon an engine and certain *259implements which were not otherwise encumbered, when in fact there was a prior mortgage on the property in an amount about equal to its value. In 1907 Parker purchased the engine from Hart-Parr…