Swinney v. Davidson

Opinion op the Court by

Judge Cammack

Affirming.

This action involves a deficiency in the number of acres of land conveyed by the appellants to the appellees in exchange for other property and $4,500 in notes executed by the appellees.

The appellees, plaintiffs below, charge that they paid $7,000 for what was represented to them as 106 acres of land, whereas the tract contained only 71.83 acres, and also that they purchased certain livestock and farming implements for $1,000. The position of the appellants is that the sale or trade was by the boundary, regardless of the number of acres, and there…