Bigham v. Madison

Wtukes, j.

This is a' bill to have a rescission of a contract of sale of a small tract of land. The land is described in the deed by metes and bounds, and as “containing twenty-five acres more or less.”

It appears that the title to about one-half of this land failed, and upon a survey of the premises, complainants, without suit, surrendered to the superior title, and gave up so much of the land as is covered by it. It further appears that the portion surrendered, besides being about one-lialf of the premises, was the most valuable part of it, and that upon it the vendee had erected his houses,…