Cates v. Owens

The plaintiffs’ petition as amended alleged in substance that they purchased from the defendant a certain described tract of land, and that, prior to such sale, the defendant told the plaintiffs that said tract of land contained 109 acres and was all of the 112-acre tract that he had purchased from D. H. Herrod on January 28, 1941, except three acres which he had sold off to his son-in-law, Henry C. Crump. It is alleged that the defendant, knowingly and with the intent to defraud the plaintiffs, told them that said tract of land being offered was the entire tract of land sold to him by D. H.…