Ralphs
Ralphs v. Burns
Opinion
Lead Opinion
Allen, J.
The amended complaint filed in this proceeding alleged the incompetency of Dreher at all times mentioned therein, an adjudication thereof, and the regular appointment of plaintiff as guardian. Further, that in Aug-' ust, 1910, defendants procured Dreher to convey to them certain real estate described in the complaint at an agreed price of $2,634.50, and, in addition, to assign and transfer a certain mortgage, the amount of which is not disclosed, for . the consideration of two hundred dollars; that defendants paid to Dreher five hundred and ninety dollars in cash and executed to him five promissory notes each for $387.20, neither of which notes had matured at the commencement of the action. It is further averred that, as a part of the same trans-' action, defendants borrowed from Dreher $275, executing a promissory note therefor, which note appears to have matured at the commencement of the action. It is alleged that this conveyance and assignment was procured by fraud, the fraud alleged being a statement made by defendants and believed by Dreher, and upon the faith of which the conveyance and assignment were made, that the personal notes of the purchasers were security for the…