Conklin v. Tyler

Tbe plaintiff brings her action to recover judgment on several promissory notes and to foreclose two mortgages given to secure the notes. A jury being waived by the parties, the cause was submitted to the court. The pleadings raise several issues of fact, but the evidence adduced discloses little or no disputed fact. The ease must turn on the solution of questions of law, *442to determine which of two innocent parties must suffer a loss occasioned by a fraud practiced by another party. The facts so far as necessary to a presentation of the question are as follows:

On and prior to April 7, 1906,…