Kincaid v. Tant

J. D. Tant instituted this suit in the district court of Jones county against W. H. Kincaid for the rescission of a contract for the exchange of lands and for a cancellation of a deed executed by him and his wife to the defendant in conformity therewith; the ground of the attack being fraud and mutual mistake as to the character of the defendant’s lands. There was a trial before a jury resulting in a verdict in favor of the plaintiff on the issue of mutual mistake, and judgment was rendered accordingly, and the defendant has appealed.

Most of appellant’s assignments of error, notably 1 to 7,…