64 Ind. App. 394 | Ind. Ct. App. | 1917
Appellee instituted this action against appellant to set aside a deed and to recover, damages on account of fraudulent representations made by appellant and his agent, one Charles Rose, in a certain real estate transaction. There were three paragraphs of complaint. The first was dismissed before answer, and the allegations of the second are not necessary for the determination of the appeal. So much of the third paragraph as is essential for the determination of the questions before us is as follows: That on April 12, 1913, appellee was the owner in fee simple of a farm in Pike county, Indiana, of 58% acres (describing it) ; that on said date appellant was the owner in fee simple of a farm in said county of seventy-nine acres (describing it); that on said date appellee’s said farm was encumbered by a mortgage of $900, and appellant’s said farm was encumbered by a mortgage of $3,000; that on said date appellee was a youth of twenty-one years, inexperienced in business transactions, and unacquainted with business methods, while appellant and his said agent were men of mature years, of large experience in business affairs, and fully acquainted with business methods; that appellee had been acquainted with appellant and his said agent all of his life and for a long time prior to said date had been on very friendly terms with them; that at such time appellee knew of the business qualifications and experience of appellant and of his agent, and believed them to be honest and upright and of strict business integrity. That prior to April 12, 1913, appellant and his agent, well knowing' the youth, inexperience, and want of knowledge of business methods on the part of appellee and well knowing that appellee believed that they were his friends and that he relied upon and trusted them, availed themselves of such trust and the confidence he had in their integrity and conspired together for the purpose of defrauding ap
Appellant answered by general denial. Trial was had by the court, and on September 30, 1914, judgment was rendered in favor of appellee, setting aside said deed, quieting appellee’s title, and for $600 damages and costs! Appellant filed a motion for a new trial, which was overruled on November 20, 1914. He thereupon prayed an appeal to this court which was granted. Appellant then filed his motion in arrest of judgment, which was overruled on December 1, 1914. On De
sequent term. The court, therefore, did not commit error in overruling the same, since such motion to be available must be filed before judgment is rendered. Smith v. State, ex rel. (1895), 140 Ind. 343, 39 N. E. 1060; Blaemire v. Barnes (1909), 173 Ind. 657, 91 N. E. 232; New Albany, etc., Mills Co. v. Senior (1913), 53 Ind. App. 453, 101 N. E. 1025.
The only remaining error assigned relates to the action of the court below in overruling appellant’s motion to modify the judgment. The third paragraph alleges facts on which a judgment for damages was authorized. The evidence -sustains the amount assessed. It follows that the court did not err in overruling such motion.
We find no reversible error in the record. Judgment affirmed.
Note — Reported in 116 N. E. 17. See under (1) 20 Cyc 20, 51; 20 Cyc 52; (6) 20 Cyc 122, 143; (7) 20 Cyc 117; (9) 2 C. J. 855. Action for fraudulent representation in respect to i*eal estate value, 18 Am. St. 556.