Averill v. Boyer

Lynch, Judge.:

Plaintiff and defendant, severally owning real estate in Kanawha county, began negotiations in August, 1906, for an exchange of properties; Mrs. Averill’s being a tract of 63 acres located along the Kanawha river above Charleston, Mrs. Boyer’s consisting of lots in Charleston, one of them fronting on Morris street near its junction with Baines street. The negotiations were finally consummated by an exchange of deeds May 25, 1907. Claiming defendant fraudulently and deceitfully included in her deed part only of the Morris street lot, though pretending to convey all of it pursuant…