Groover v. Simmons

The action now before us was originally one to rescind a contract of sale and cancel a deed executed by James B. Groover to Brooks Simmons, There was also a prayer that *95“in the event . . a jury should find that said sale should not be rescinded, that the deed made by plaintiff to defendant be reformed so as to speak the truth and to convey only 632 acres of land.” The suit was filed on October 22, 1917. By an amendment allowed on April 24, 1918, the plaintiff struck certain paragraphs of the petition which alleged the petitioner’s incapacity to contract, and struck the prayer asking…