Hays v. McGinness

Atkinson, Presiding Justice.

(After stating the foregoing facts.) The sufficiency of the allegations of fraud is challenged by the general demurrer. The petitioners alleged: that the defendants represented that there was on said land an unfailing supply of water, that the defendants had lived there for six of the hottest months of the year, kept eight hogs thereon with no shortage of water, and that the well was adequate for all household and farm needs; that the supply of water was a material factor in fixing the value of the land, and immediately upon moving upon said land they found the…