Powell v. White

TRIMBLE, J. —

This is an equity case to recover an excess payment to defendant for land alleged to have been purchased of him by plaintiff.

The ground of the amended petition on which this suit was tried was fraudulent representations as to the number of acres in the tract conveyed, though the original petition counted on mistake in that particular, and contained an allegation that defendant made said representations under a misapprehension of the facts and fully believing the tract contained the number of acres represented.

The shortage in the number of acres of which complaint is made was…