Fields v. Cornett

Opinion of the Court by

Judge Richardson

Affirming.

Tlie right of vendees to have canceled or rescinded a deed, purporting to convey the land with the coal and other mineral rights, the latter at the time not owned by the vendor, is the decisive issue for solution.

Henry C. Fields, on March 18, 1929, executed and delivered, a deed conveying to Mary Belle Cornett and Tilden Cornett, a tract of land in Perry county, for the consideration of $1,500, of which $350 was cash; $600, the value of lots, conveyed by the Cornetts to Fields; and the balance evidenced by their note of $550. The land conveyed…