McCord v. Bailey

GRISSOM, Chief Justice.

In April, 1946, Dr. R. Bailey filed this suit against J. P. McCord, executor of the estate of Martha T. Overall, deceased, to recover the amount paid for 53 acres of land, which was the shortage in the number of acres bought from said executor by Dr. Bailey and others in 1928, with interest thereon. Plaintiff alleged in substance that he and others purchased from said executor a tract of land that all of said parties believed consisted of 207½ acres, for $33.73 per acre; that the tract actually contained only 154½ acres; that the sale was by the acre; that after the…