English v. Benedict
Mississippi Supreme Court
On appeal from the superior court of chancery; Hon. Stephen Cocke, chancellor. William D. English filed his bill in the superior court of chancery against the defendants in error, to rescind a contract for land upon the ground of fraudulent representations in the sale by the vendor. The bill was demurred to, and demurrer sustained by the court, and D. English appealed.
1Opinion of the CourtJustice Yerger
This case falls directly within the rule laid down in Parham v. Randolph, 4 How. R. 435, in which the court held, that where the vendor makes fraudulent misrepresentations in relation to the title of the land, the vendee will not be compelled to resort to an action at law on his covenants of warranty on failure of title, but may go into equity for relief, although there has been no eviction by the paramount title. This rule, wc think, lays down the law correctly on this subject; it has not been changed by any subsequent decision that has fallen under our notice. According to the principles…
2Cited by2 opinions
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