Gillispie v. Gray

Thomas L. Gillispie and wife have appealed from a judgment rendered against them in favor of H. Gray for the sum of $1,400, which was alleged to be the purchase price paid by Gray to the defendants, Gillispie and wife, for 14 acres of land sold by the defendants to Gray, and to which the defendants owned no title.

In his petition plaintiff alleged that he purchased from the defendants a tract of 128 acres at the agreed price of $100 per acre, but that he later discovered by actual survey of the land that the tract contained only 114 acres, and his suit was to recover the purchase price paid to…