No. 139—2253.

#### Ira Brown v. Charles C. Young.

This was an action to recover back money paid upon a contract for the purchase of real estate, upon the ground that appellant made false and fraudulent representations to appellee, who was the purchaser, that he owned the property and his title was straight as a string, and would furnish an abstract showing it. After appellant had received §30 of appellee, he let appellee have the abstract, which showed that appellant had no legal title to the property which he had agreed to sell. That appellant knew he had no such title, at the time of the representation, is clear beyond doubt. Hpon these facts appellee was entitled to rescind the contract and recover back what he had paid.

Judge below, John G. Rogers.

Attorneys, for appellant, Mr. C. Stuart Beattie; for appellee, Mr. Fred. H. Atwood.

Opinion filed Feb. 17, 1886.

Opinion Per Curiam.