Nelson v. Petterson

Mr. Presiding Justice Brown

delivered the opinion of the court.

This cause comes to us on the pleadings entirely.

The appellant who was plaintiff below, sued the appellee, who was defendant below, for $1,750, out of which he alleged the defendant had swindled bim by inducing him to purchase from the defendant a parcel of land through representations that there was no encumbrance upon it, the said representations being false and known to be false by the defendant.

The praecipe and summons, dated January 7, 1904, indicate a suit in assumpsit. There was an order changing the form of action to…