Blackwood v. Standridge

In this action of deceit by appellee against appellant's, the complaint alleged that in a sale of land between the parties defendants represented to plaintiff that the land was free of all incumbrance, well knowing that such representation was untrue. There was judgment for plaintiff.

The complaint described the land in question as lying in range 1 east, whereas the evidence showed it to be in range 1 west; the reference being to the meridian of Huntsville. This variance can advantage defendants nothing on this appeal because the attention of the trial court was in no 'wise called to it.…