Fetzer v. Title Guarantee & Trust Co.

Martin, P. J. (dissenting).

The plaintiff seeks a decree in equity rescinding the sale to her of a guaranteed mortgage participation certificate. The ground for rescission is the alleged misrepresentation by the defendant title company. It is alleged that that defendant represented to plaintiff that all of the lands described in the mortgage were owned by the mortgagor therein named, and that the mortgage was a good and unincumbered first lien upon all of *569said lands. It is alleged, upon information and belief, that title to certain substantial and valuable portions of the lands purported to be…