One may commit the offense of false pretense by fraudulently representing that he is the owner of real estate,150 or by fraudulently representing that the property is free from incumbrances, when the fact is otherwise.151 And the fact that the incumbrance is recorded is not material and is no defense.152

But where one holding a mortgage on property gives his consent that the mortgagor may again pledge the property for money, there can be no offense in representing that it is free from incumbrance, because the first mortgagee waives his lien and the second mortgage becomes the first lien.153

So on the same principle where one falsely represents that he has purchased certain property and thereby induces another to loan him money to be used in paying for the property, he commits false pretense although he gives a mortgage on other incumbered property as security at the time of obtaining the money.154

Also where one representing that he was the owner of a lot when in fact he was not, sold it to another, in good faith intending to secure the title for the purchaser, and to that end contracted for and made part payment on the lot, but never acquired title to it, held that no offense was committed, the accused not having intended to defraud.155

149 Wright vs. People, 1 Ill. (Breeze), 102; People vs. Miller, 14

Johns. (N. Y.), 371. 150 Thomas vs. People, 113 Ill., 531;

Keyes vs. People, 197 Ill., 648;

State vs. Penley, 27 Conn., 587;

State vs. Fooks, 65 Iowa, 452.

151 State vs. Stanley, 64 Me., 157;

State vs. Hill, 72 Me., 238. 152 Watson vs. People, 87 N. Y., 561;

Com. vs. Murley, 170 Mass., 103; State vs. Hill, 72 Me., 238. 153 State vs. Asher, 50 Ark., 427;

McGee vs. State, 97 Ga., 199. 154 Moore vs. People, 190 Ill., 334.

The giving of a worthless check on a bank in payment for goods knowing that it is a mere false token, made for the purpose of defrauding another, is false pretence.156

Or knowingly passing a note of a bank the bills of which had ceased to be current as bank bills and were worthless as a medium of exchange, constitutes an offense.157