Gibbs

The defendant was convicted of the crime of obtaining money under false pretenses, and sentenced to serve a term of seven years in the state prison at Folsom.

On April 13,1891, one J. H. Alderson sold and delivered to the defendant certain horses, buggies, harness, etc., comprising the outfit of his livery stable in Los Angeles, and took in payment therefor an assignment of a note secured by a mortgage on certain real estate for the sum of c$l,333.33, executed and delivered by Donald McKay to the defendant, payable two years from date thereof, and it is upon that transaction this prosecution is based. The following are the representations charged to have been falsely and fraudulently made: 1. That the note and mortgage referred to had been executed and delivered to the defendant by said McKay. 2. That the defendant was acquainted with said Donald McKay, and the latter was then residing on the land described in the mortgage. 3. That said McKay was then a man of large means and abundantly able to pay said note. 4. That the defendant was familiar with the land described in the mortgage and had sold the same to said McKay, and the title thereto was good and perfect in the latter; and…