Farnsworth v. Duffner
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The court stated the case as follows: On February 26, 1879, a tax deed was executed by the clerk of the County Court of Upshur County, to G-eorge Henning and others, for a tract of land supposed to contain forty thousand acres.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. The court stated the case as follows: On February 26, 1879, a tax deed was executed by the clerk of the County Court of Upshur County, to G-eorge Henning and others, for a tract of land supposed to contain forty thousand acres. The grantees in this tax deed were twenty-two in number, who had entered, into a written agreement on December 11, 1877, to purchase the land at a tax sale in that month. On April 24, 1883, this agreement for the purchase of this land was executed: “We, the undersigned, agree to and…
1Opinion of the CourtJustice Bbewee
This is a suit for the rescission of a contract of purchase, and to recover the moneys paid thereon, on the ground that it was induced by the false and fraudulent representations of the vendors. In respect to such an action it has been laid down by many authorities that, where the means of knowledge respecting the matters falsely represented are equally open to purchaser and vendor, the former is charged with knowledge of all that by the use of such means he could have ascertained. In Slaughters’ Administrator v. Gerson, 13 Wall. 379, 383, this court said: “ Where the means of knowledge are…
2Cases cited7 opinions
- Southern Development Co. v. SilvaSupreme Court of the United States · 1888
- Slaughter's Administrator v. GersonSupreme Court of the United States · 1872
- Farrar v. ChurchillSupreme Court of the United States · 1890
- Armstrong v. MorrillSupreme Court of the United States · 1872
- Lessee of Scott and Others v. Ratliffe and OthersSupreme Court of the United States · 1831
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3Cited by71 opinions
- Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
- Shappirio v. GoldbergSupreme Court of the United States · 1904
- Long v. Inhabitants of AtholMassachusetts Supreme Judicial Court · 1907
- Brown v. BuchananDistrict Court, E.D. Virginia · 1975
- Mahaffey v. FergusonSupreme Court of Pennsylvania · 1893
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