Hays v. Meyers

Opinion op the Court by

Judge Carroll

Affirming.

The single question presented by this appeal is whether the concealment of -the fatal illness and impending death of a life tenant from the owner of the remainder interest by a purchaser of the remainder is sufficient to authorize a rescission of the contract.

The appellee was the owner of an undivided interest in a tract of land in remainder, subject to the life estate of Mrs. Carnes. The remainderman had no knowledge or information that the life tenant who lived about twenty miles from him was dangerously ill, hut the appellant W. S. Hays, who…