Deception practiced in order to induce another to part with property or surrender some legal right; a false representation made with an iutention to deceive; may be committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent to deceive. Marsh v. Falker, 40 N. Y. 575; Farrington v. Bullard, 40 Barb. (N. Y.) 512; Ilecht v. Metzler, 14 Utah, 408, 48 Pac. 37. 00 Am. St. Rep. 900; Sawyer v. Prickett, 19 Wall. 140, 22 L. Ed. 105.