Virginia Trust Co. v. Catoe

■ The appeal is from a decree rescinding a contract of sale of certain lands because of a mutual material mistake between the parties as to the right of the vendor to convey title to the purchaser. The facts of the case bring it within the principle of the right of rescission already well settled in this state and elsewhere. See Alexander v. Meek (Miss.), 96 So. 101; Jones v. Metzger (Miss.), 96 So. 161.

The complainant in the bill for rescission had acknowledged the title and right of possession in the vendor as soon as it was definitely ascertained that the vendor had no right to convey…