Aherns v. Drew

The plaintiff brings this action to recover of the defendants damages for deficiency of the acreage in certain premises he bought of the defendants Drew. The complaint sets out the descriptive clause of the deed, which stated the land to be “in quantity fifteen acres more or less,” and then bounded it southerly upon a highway and elsewhere upon the lands of others; it then recites the general covenants of the deed, which are those usually found in warranty deeds, and alleges that instead of there being the quantity stated in the deed there was in fact but eight and two tenths acres. The trial…