Whitfield v. Whitfield

Head, Justice.

This is an action in equity to cancel and set aside a deed. The first question for determination is raised by the exception to the overruling of general demurrers to the petition. Apparently the plaintiff rests his case on alleged misrepresentation, and suppression of material facts by his brother. “Misrepresentation of a material fact, made wilfully to deceive, or recklessly without knowledge, and acted on by the opposite party, or if made by mistake and innocently, and acted on by the opposite party, constitutes legal fraud.” Code, § 37-703. “Suppression of a fact material to…