Rogers v. Peebles

The bill is one for the enforcement of a vendor’s lien. The defense set up by the purchaser is, that there is a deficiency in the quantity of land sold him, amount*530ing to about eighty-seven acres, for which he is entitled to compensation by way of an abatement of the purchase-money.

The defendant does not seek to reform the deed from the vendors, on the ground of mistake; nor is there any effort to rescind the sale on the ground of a false representation, or fraudulent concealment. In the absence, therefore, of any allegation of fraud or mistake in the execution of the deed, or of any…