Keown v. Brandon

Opinion op the Court bt

Commissioner Hobson

Affirming.

R. J. Brandon sold and conveyed to Roy F. Keown for $4,500.00, a tract of land containing, as recited in the deed, 154 acres. Brandon brought this action against Keown to enforce payment of the notes executed for a part of the consideration. Keown filed answer alleging that there were only 127 acres of land in the tract, as he had learned by a survey made since he accepted the deed, and he prayed a credit on the notes for the deficiency. The allegations of the answer were controverted, proof was taken and on final hearing the circuit *94court…