Carter v. Hamilton

An executor sold a field of wheat, supposing it to belong to him, but which proved afterwards to belong to the widow of the testator. The wheat was called 105 acres, but was sold subject to measurement. The purchaser gave his note for the wheat, estimating it at 105 *252acres. The widow, on being apprised of her rights, agreed with the executor, instead of asserting her claim to the wheat, to permit the sale to stand, and to accept the note of the purchaser in lieu of the wheat. She was not informed at the time of the sale, or at the time of taking the note, that the wheat was sold subject to…