by John Marshall Harlan

“ The evidence fully sustained the allegations of fraud made in the original and amended complaint. We cannot doubt, from the record, that after the land in question was purchased and conveyed to the plaintiff and defendant Patterson, jointly, the latter conceived the purpose of acquiring the title to the whole of it. To that end he pretended to have made a sale of it to Boehme, and induced the plaintiff not only to believe that it was a real sale at a named price, but to join in the deed to Boehme. The day after the title was vested in Boehme, the latter reconveyed the property to Patterson. ”

“ We content ourselves with saying that the proof makes it clear that the pretended sales to Boehme and Martin were in execution of a scheme devised by Patterson to deprive Dickson of his interest in these lands without his receiving the full value of such interest, and thus to become himself the sole owner. ”

“ It nets us a little over $500 each profit.'
On October 30, 1885, Patterson inclosed his check for $1,500 to plaintiff, correcting his statement as to net profits by the statement that $224.18 was yet due and coming to the plaintiff. He also inclosed a deed to one Otto Boehme, to be signed by plaintiff and wife, in which the consideration was expressed to be $6,000. That deed was dated October 28, 1885, and was duly executed by plaintiff and wife; but the amount of the consideration, as set forth in the deed, was thereafter changed, without plaintiff's knowledge, to $10,000. ”