Gaffey

This is an action for money had and received based upon the failure of title to an undivided three-fourths interest in and to a parcel of land sold and conveyed by the defendant to the plaintiff.

We take the following from the defendant’s brief as giving a general impression of the case: “In April, 1910, one H. H. McCord owned an undivided one-fourth interest in the land, J. A. Crandall owned an undivided one-fourth interest, and Alex. Moncrieff owned an undivided half interest therein. In that month McCord forged a deed from Crandall and Moncrieff and their wives purporting to convey their interest in the property to himself, which deed was duly recorded, the apparent title was vested in McCord as to the entire property. In May, 1910, McCord executed a deed to the defendant Theodore J. Welk purporting to convey the entire property. On August 7, 1911, the defendant herein executed a grant, bargain, and sale deed to the plaintiff Philip M. Gaffey without any covenant warranting the title or any other express covenants therein, purporting to convey the property for the consideration of three thousand five hundred dollars, which was at that time paid by the plaintiff to the…