Collected Works of Abraham Lincoln. Volume 2.
Lincoln, Abraham, 1809-1865.
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To John D. Swallow [1]

[c. June 15, 1854]

Both your questions are the same. After you sold and deeded your property to Edmons, for a consideration which is worthless and fraudulent, any person who buys or takes a mortgage from Edmons, without Notice of the fraud, will hold the property against you; but whoever buys or takes a mortgage after your Bill is filed, is conclusively presumed to have had notice of the fraud, and therefore can have no better right → against you than Edmonds himself had. This is the whole law of the case. Yours truly

A. LINCOLN.

Annotation

[1]   Copy, ISLA, furnished by Frank E. Blane, Petersburg, Illinois. John D. Swallow was a resident of Postville in Logan County. Lincoln's note was written on the back of Swallow's letter of June 15, which reads in part as follows:

``I sold to A. Edmons my mill for two states Ioway and Wisconsin gave a warety deed for the mill---there seems to be, a spurias title as to the pattent with others I instituted a suit in chancery. Now if Edmons should want money and a stranger to the suit should loan him money and take a mortgage on the property (some three days after the record of the suit or bill was filed and notice served on Edmons---) will that mortgage be valid in and sustained at law---and if a piece of land was given for a pattent right → and that right → proves void and four months after a person comes and makes a purchase of said land in good faith an entire stranger to Edmons and the suit---can the purchaser hold the land at law[.] please write by return mail. yours Respectfully J. D. SWALLOW''

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