West v. Wright

Appellant instituted this action to recover damages which he claims to have suffered by the fraud of appellee, in the purchase of a tract of land in Henry county from him as executor of the will of a deceased owner.

Following the allegations of the sale, the description of the land, the payment of the full amount of the purchase-money,which was equal to the value of the land, the complaint proceeds as follows:

“That said defendant, at the time of said purchase of said lands, knowingly, falsely and fraudulently represented to said plaintiff that said lands were clear of all encumbrances…