McElmurray v. State

1. Where, after giving to B a first mortgage on real estate, A, at the time of executing a second mortgage thereon to C, upon being interrogated as to the existence of any other lien upon the property, made misrepresentations as to the land being “clear of liens,” and it appears from the evidence that said misrepresentations ■were knowingly false, were made with intent to deceive and defraud, and did deceive and defraud, and that, relying upon the truth of the false statements, the party to whom they were made was thereby induced to pa'r.t with his property, the conviction of A for cheating…