Bellamy v. McCarthy

HENRY, Associate Justice.

Appellant sued to recover the balance of the purchase money of a tract of land and to foreclose a vendor’s lien.

The land sold is described in the deed by metes and bounds, and the number of acres conveyed is designated as one hundred and seventy acres, •‘■‘’more or less.” The deed contains a clause of general warranty of title.

The defense set up by the answer was that at the time of the purchase of the land plaintiff represented to defendant that the tract contained one *294hundred and seventy acres; that defendant was ignorant of the quantity and relied on plaintiff’s…