Warren v. Carey

Carey sued Warren before a justice of the peace, on a promissory note for the payment of 50 dollars. There was a judgment by default against Warren, from which he appealed. In the Circuit Court, Warren answered the complaint. To this answer where was a demurrer sustained, and judgment given for Carey.

The answer alleges that Carey, with intent to defraud Warren, represented to him that one David Schooley held the legal title to a certain tract of land in Boone county; but had sold it to one George Miller, and gave him a bond for a conveyance; that he, Carey, then owned the land, having bought…