Uhlbright v. Mulcahy

Citations

• 78 Wash. 9
• 138 P. 314
• 1914 Wash. LEXIS 972

Syllabus

<p>Fraud — Evidence—Sufficiency. An action for fraud in tbe trade of properties, by falsely representing that a mortgage for $1,000 constituting part of the consideration was a first lien, cannot be sustained, where abstracts of the properties were furnished to plaintiff’s agent and retained by the plaintiff for three years without objection, and there was no evidence that the mortgages or personal property taxes constituting alleged prior liens were executed by or assessed against parties in the chain of title or having any interest in the land.</p> <p>Limitation of Actions — Relief on the Ground of Fraud. An action for fraud in misrepresenting that a mortgage was a first lien upon property cannot be maintained, where more than three years had elapsed since the plaintiff had, pursuant to the contract, received and retained abstracts of title to the property, an examination of which would have disclosed the falsity of the representations.</p>