Oswald v. McGehee
Mississippi Supreme Court
•ON appeal from the district chancery court; Hon. A. B. Dawson, vice-chancellor. The opinion of the court contains a statement of the facts of the case.
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•ON appeal from the district chancery court; Hon. A. B. Dawson, vice-chancellor. The opinion of the court contains a statement of the facts of the case. It cannot be pretended that the representations of the vendor were such as to induce McGehee to purchase, even if he made no other representations than those alleged in the bill. 'His mind, at the time, as the proof shows, was peculiarly sensitive and alive as to the injurious nature of coco grass, so much so that he made every inquiry in relation to its extent, and availed himself of the opportunity to examine for himself, showing that he…
1Opinion of the CourtJustice HaNdy
This was a bill filed in the southern district chancery court at Natchez, by the appellee against the appellant, to enjoin the collection of a promissory note executed by the former to the latter for the purchase-money of a tract of land, and to rescind the contract, on the ground of fraudulent representations made by the vendor to the purchaser.
The bill alleges in substance, that McGehee, the complainant, purchased a cotton plantation from Oswald, lying in Wilkinson county, and, there being some apprehension that there was on the place a very injurious growth called coco grass, that Oswald…
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