Allen v. Luckett
Mississippi Supreme Court
From the chancery court of Leake county. Hon. James F. McCool, Chancellor. Luekett, appellee, was complainant in the court below; Allen and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. Appellee was the owner of four hundred and eighty acres of timber land, in section 29, township 10, range Y E., Leake county.
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From the chancery court of Leake county. Hon. James F. McCool, Chancellor. Luekett, appellee, was complainant in the court below; Allen and others, appellants, were defendants there. From a decree in complainant’s favor defendants appealed to the supreme court. Appellee was the owner of four hundred and eighty acres of timber land, in section 29, township 10, range Y E., Leake county. The land was wild and situated in a river bottom a considerable distance and in another county from his residence. In January, 1900, he made a trade with appellants to sell them “that part of the east half and…
1Opinion of the Court
Fletcher, L,
delivered the opinion of the court.
On this record the chancellor must have concluded that Allen was more familiar with the boundaries of the land than was Luckett, that Allen pointed out these boundaries, that tiie sale was made upon the faith of these representations, that the sale was by the acre, and that apppellee did not intend to convey more than fifty acres; whereas, in truth, nearly two hundred acres were conveyed. We are not warranted in overthrowing this finding of fact.
TJpon this state of facts the jurisdiction of a court of equity to decree rescission of the contract…
2Cases cited1 opinion
- Bigham v. MadisonTennessee Supreme Court · 1899
3Cited by7 opinions
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- Alexander v. MeekMississippi Supreme Court · 1923
- Patrick Petroleum Corporation of Michigan v. Callon Petroleum CompanyCourt of Appeals for the Fifth Circuit · 1976
- Willis v. Hillsborough CountySupreme Court of Florida · 1934
- Fleming v. MillerMississippi Supreme Court · 1920
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