Moore v. Jackson's Heirs

Opinion by

Judge Pryor:

The original sale of the land by Jackson to Moore was a sale in gross, and the sale by Moore to. Jackson was by the acre. The deeds from1 one to the other evidence this fact, and in the present suit, although Jackson in his answer insists that his original sale was by the acre, still he is contradicted by the deed itself and in the absence of an allegation of fraud or mistake in its execution sustained by proof its express stipulations can not be altered or reformed. The answer is; in effect only a denial of the allegations of the petition- and is made a counter claim…