Reese v. Spence

Bell, Justice.

The argument for the plaintiff in error is based chiefly on the contention that the defendant in error Spence, the purchaser at the administrator’s sale, is bound by the doctrine of caveat emptor. The only authorities cited are in reference to this doctrine. We do not think the plaintiff in error is in position to invoke this rule of law. In the proceeding brought by Spence, the plaintiff in error and a sister, Sarah Bainey, alleged in their answer that “they have not agreed to accept any part of said fund, for the reason they are owners of said land, and they admit said sale…