Botsford Lumber Co. v. State of Minnesota

WILSON, Chief Justice.

Plaintiff appealed from an order sustaining a demurrer to its complaint on the ground that it did not state facts sufficient to constitute a cause of action. The state is made a defendant under G. S. 1923, § 6033, as amended, 1 Mason, 1927, id. through the agency of its department of rural credit.

The state held a $11,000 mortgage on a 160-acre farm oAvned by John W. Svoboda, who gave a second mortgage to John G. Svoboda for $8,000. The OAvner,, John W. Svoboda, through flagrantly fraudulent representations as to the character and value of the farm, the number and…