Deas v. Jackson

1. A person who has been defrauded out of his property may sue to recover the property or may sue the party guilty of fraud for the value of the property.

2. Since the plaintiffs, in proceeding in a court of ordinary for an accounting from an administrator, acted without "actual knowledge or notice of the substantial facts," they will not be held to have made such an election of inconsistent remedies as will bar the present action.

3. The petition did not reveal such facts as would bar the plaintiffs by laches.

No. 16210. MAY 14, 1948. REHEARING DENIED JULY 16, 28, 1948.

On October 14, 1946,…