Bailey v. Hansen

This appeal is from an order dissolving an attachment. Plaintiff’s action is on a promissory noté in the sum of $2,000 for money loaned to defendant, which he alleges was secured by a mortgage on two sections of land as one tract, and a quarter-section as another tract. Plaintiff alleges that at the time of the loan defendant fraudulently represented that the first tract was free and clear of encumbrance, whereas it was mortgaged to another party long before, the amount of the indebtedness at the time of the filing of the complaint being $1,484.60. The other tract had an existing prior…