Credle v. . Swindell
Supreme Court of North Carolina
Case, before Warren, J., -upon a demurrer to tbe declaration, at Spring Term 1868 of the Superior Court of Hyde. The plaintiff declared that the defendant being seized of two certain pieces of land in said County, describing them by metes and bounds, for a valuable consideration sold them to Mm by deed, The defendant filed a general demurrer. His Honor sustained the demurrer, and the plaintiff appealed.
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Case, before Warren, J., -upon a demurrer to tbe declaration, at Spring Term 1868 of the Superior Court of Hyde. The plaintiff declared that the defendant being seized of two certain pieces of land in said County, describing them by metes and bounds, for a valuable consideration sold them to Mm by deed, The defendant filed a general demurrer. His Honor sustained the demurrer, and the plaintiff appealed. None of the former cases in this State settle the special question raised here, as to the competency of an action of deceit in case of a fraudulent misrepresentation in the sale of land. Such…
1Opinion of the CourtSettle, J.
The vendor fraudulently makes a false representation to the purchaser, as to the quantity of land contained in certain boundaries, asserting the same to be as much as four hundred and ten acres, when in fact, there were only two hundred and eighteen acres; Can an action of deceit be maintained for this fraud ?
The question is fully answered by the case of Lytle v. Bird, 3 Jon. 222, and the cases there cited., In that case, the vendor showed to the purchaser one hundred and sixty-three acres of land, which he represented to be a part of the tract he was selling, when he knew that it was not…
2Cited by14 opinions
- Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
- Judd v. WalkerSupreme Court of Missouri · 1908
- May v. . LoomisSupreme Court of North Carolina · 1905
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Judd v. WalkerMissouri Court of Appeals · 1905
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