Bivins v. Tucker

I. E. Tucker brought suit against E. J. Bivins, to recover a part of the purchase-money of two tracts of land sold and conveyed by the defendant to the plaintiff in a deed describing one of the tracts as 90 acres, more or less, and the other as 100 acres, more or less. The petition alleged a shortage of 46.33 acres and 31.67 acres respectively, in the two tracts, and sought to recover the sum of $1436.76 as the relative proportion of the purchase-price. The defendant filed a general demurrer to the petition, which the court overruled. After this the case proceeded to trial and resulted in a…