Mills v. Keep

Citations

• 197 F. 360
• 1912 U.S. Dist. LEXIS 1426

Syllabus

<p>1. Mortgages (§ 86*) — Fraud in Procurement — Evidence—Sufficiency.</p> <p>In a suit to cancel a note and mortgage, evidence held to show that they were procured with intent to defraud the mortgagors by transferring the paper.</p> <p>[Ed. Note. — For other cases, see Mortgages, Cent. Dig. §§ 1350, 1355, 1364; Dec. Dig. § 86.*]</p> <p>2. Bills and Notes (§ 497*) — Innocent Purchasers — Burden of Proof.</p> <p>Transferees of a note procured by the payee through fraud have the burden of showing that they acquired it in good faith for value, and without notice of its infirmity.</p> <p>[Ed. Note. — For other cases, see Bills and Notes, Cent. Dig. §§ 1448, 1675-1681, 1683-1687; Dec. Dig. § 497.*]</p> <p>3. Bills and Notes (§ 525*) — Bona Fide Purchasers — Evidence—Sufficiency.</p> <p>In an action to cancel a note and mortgage procured through fraud by the payee, evidence held to show the payee’s transferees were innocent purchasers for value.</p> <p>[Ed. Note. — For other cases, 'see Bills and Notes, Cent. Dig. §§ 1832-1839; Dec. Dig. § 525.*]</p>