Stroupe v. Hewitt

*201The opinion of the court was delivered by

BENSON, J.:

This is an action for an assessment of damages and for the cancellation of a note and mortgage for alleged fraud and deceit in the sale and exchange of property. The defendant denied the fraud and pleaded the note' and mortgage in a counterclaim, and sought recovery against the plaintiffs thereon. The jury found for the plaintiffs and assessed damages exceeding the amount of the counterclaim.

At the time of the exchange referred to the plaintiffs owned a grocery stock and store building and other real estate in Bartlesville, Okla., and the…