The practicing of fraud upon innocent persons in the sale of real estate as well as personal property is of common occurrence, and is the subject of criminal prosecutions. Statutes exist in a considerable number if not all the states making such frauds criminal offenses.

For instance it is a crime to sell land a second time with intent to defraud, after having previously sold and disposed of it.

So the selling of mortgaged property, either real or personal, falsely representing it to be free from incumbrance, with intent to defraud, is an offense. And the essence of this crime is the fraudulent intent. Thus where one unlawfully conveys land which he had previously conveyed and failed to mention the former transfer in making the second conveyance, with intent to defraud, the offense is complete without showing that anybody was actually defrauded. The fraudulent intent is the gist of the crime.162

160 People vs. Gibbs, 98 Cal., 661; People vs. Winslow, 39 Mich., 505; State vs. Rivers, 58 Iowa, 108; People vs. Shelters, 99 Mich., 333; Lulton vs. State, 14 Tex. App., 518

161 Hatchcock vs. State, 88 Ga., 98;

State vs. Shingrin, 105 Iowa, 169. 162 State vs. Wilson, 66 Mo. App., 540; State vs. Chapman, 68 Me., 477; Herold vs. State, 21 Neb., 50; State vs. Jones, 68 Mo., 197; Lillie vs. McMillan, 52 Iowa, 463.

But it must appear that the second sale was for a valuable consideration before a conviction can be had.163 And this offense may be committed through an innocent third person.164

It has been held on a charge of fraudulently-selling land a second time that to fraudulently give a mortgage on the same land after selling it is not a second sale of the land, and therefore no offense for the reason that the statute contemplates the parting with the title to the land, which is not done by merely giving a mortgage on it.165