Kennedy v. Smith

1. Where the evidence was conflicting as to whether a vendor concealed or disclosed to the vendee the existence of an incumbrance on lands sold under a bond for title, the finding of the jury to the effect that no false representation had been made, but the fact and the extent of the incumbrance had been revealed by the vendor, will not be disturbed.

2. Where the maker of promissory notes, given for the purchase of land, holds the land in undisturbed possession under a bond from the vendor, obligating the latter to make a good and sufficient title to the land on payment of the notes, he can…