Nearen v. Bakewell

Rombauer, P. J.,

delivered the opinion of the court. •

This is an action to rescind a sale of eighty acres of land, to reinvest the defendants with the title thereto, and to compel them to give up for cancellation ten promissory notes, part of the purchase money, and a deed of trust to secure the same, given by the plaintiffs to the defendants. The ground on which the contract is sought to be rescinded is fraud in the sale.

The first question which we are bound to determine is our own'jurisdiction of the appeal. That jurisdiction depends on the proposition as to whether the action is one…