Rimer v. Dugan
Mississippi Supreme Court
Error to tbe Chancery Court of Tippah county. Hon. Joel M. Acker, judge. This was a bill filed on 14th September, 1857, by plaintiff in error against defendant in error, to .rescind a land trade made between them on the ground of fraudulent representations made by the defendant in relation to the title of the land conveyed to the other party.
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Error to tbe Chancery Court of Tippah county. Hon. Joel M. Acker, judge. This was a bill filed on 14th September, 1857, by plaintiff in error against defendant in error, to .rescind a land trade made between them on the ground of fraudulent representations made by the defendant in relation to the title of the land conveyed to the other party. It appears from the pleadings and proof that in March, 1857, the complainant and defendant agreed upon an exchange of lands, and thereupon each conveyed to the other a quarter section of land, with covenants of warranty of title. That the land conveyed…
1Opinion of the CourtHarris, J.
The complainant filed this bill to rescind a contract for the exchange of lands between himself and defendant, on the ground of false representation of title by the defendant. Upon the final hearing, the bill was dismissed, and this writ of error is prosecuted to revise that decree.
The record discloses the fact that the complainant dealt with the defendant solely and expressly on the faith of his representation that his title to the land, for which the complainant was about to make an exchange with him, was perfect. It further shows that defendant not only knew that complainant relied on his…
2Cases cited4 opinions
- McFerran v. TaylorSupreme Court of the United States · 1806
- Oswald v. McGeheeMississippi Supreme Court · 1854
- Mercer v. StarkMississippi Chancery Courts · 1841
- English v. BenedictMississippi Supreme Court · 1852
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