Hickman v. Hight

Opinion by

RAY, C.

This is an action upon a 'warranty deed by the grantee against the grantor for damages for an alleged shortage of acreage in a tract of land conveyed. The action is based upon the implied warranty contained in the deed. The plaintiff recovered1 judgment for $770, and the defendants appeal. The several errors assigned are presented in the plaintiffs in errors’ brief under three separate headings: (1) The sufficiency of the petition; (2) the insufficiency of the amendment and the evidence; and (8) the instructions of the court.

It is alleged in the petition that in consideration…