Claim of Kratzer v. Estate of Frick

Mr. Presiding Justice Wolfe

delivered the opinion of the court.

On November 6, 1922, Albert G. Frick (now deceased), for the consideration of $1,500 assigned a note secured by a mortgage on certain land in the State of Colorado, to Charles C. Kratzer. It is claimed that Frick represented to the claimant that the note secured by the mortgage, was a first mortgage lien on said premises; but actually the mortgage was a second mortgage lien and therefore, the claimant lost his $1,500. It is also claimed that at the time of the assignment of the note and mortgage, Frick knew that the mortgage was…