Altman v. Miller

The opinion of the court was delivered by

Johnston, C. J.:

This controversy arises out of an exchange of lands between the plaintiff, Walter N. Altman, and the defendant, Joseph Miller. Miller owned a tract of 120 acres, and it was alleged by plaintiff that he proposed an exchange of it for land owned by the plaintiff which included a tract of 135 acres. It is alleged in the petition that defendant represented his 120-acre tract was clear of incumbrances except a mortgage for $3,250 bearing interest at five per cent, and which would not mature for nine and one-half years; that a valuation of…