Cowles' Ex'r v. Johnson

Opinion of the Court by

Chief Justice Fulton

Affirming.

The appellant, pursuant to power to sell and convey conferred on him by the will of Edgar Cowles, sold at auction an 80-acre tract of land owned by Edgar Cowles at his death. The appellee became the purchaser at $3,100 and the land was conveyed to him by the appellant. During the course of the auction sale it was represented by the appellant that a tobacco base of one and six-tenths acres had been alloted to the land, but it later turned out that the correct base was seven-tenths of an acre.

Alleging the foregoing facts, and further alleging…