Wilson v. Robinson

Citations

• 21 N.M. 422
• 155 P. 732

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a party procures a conveyance of real estate to be made to him by means of false and fraudulent representation, of which act the original vendor has no notice, and thereafter conveys such real estate to a third party, who withholds such deed from registration and recordation until after suit is filed to cancel such conveyance to his vendor, and notice of lis pendens is filed, such purchaser, under section 4261, Code 1915, is a purchaser pendente lite. ■ P. 428</p> <p>2. Misrepresentations as to the location of real estate, whether made innocently or with fraudulent intent, entitle a person acquiring the land, relying upon the statements, to rescind the transaction and recover the amount paid by him on the purchase price. P. 431</p> <p>3. A willful misrepresentation by a vendor, affirming that the rental value of a property sought to be exchanged or sold was greater than in truth it was, where the truth in regard to such representation was' unknown to the purchaser, and where, under the circumstances, he was justified in relying upon such representation, constitutes actionable fraud.</p> <p>P. 431</p>