Report of Cases Determined By the Supreme Court of Appeals of West Virginia From ..
Report of Cases Determined By the Supreme Court of Appeals of West Virginia From ..
West Publishing Company
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N. Campbell, for appellees. POFFENBARGER, JUDGEI Whether a certain sale of real estate, the contract having been executed by conveyance and payment of all the pur- chase money, was a sale by the acre or in gross, is the first question presented in this case; and it being held to have been a sale in gross, the second is whether the sale can be rescinded in equity on the ground of a considerable excess, found upon surveying the tract of land, both parties having been ignorant, at the time of the ...sale, of the quantity of the Digiti zed by Google 100 Newman v. Kay. [57 land and both being entirely free from any fraud or misrep- resentation as to quantity. In 1884, W. W. Newman, a resident of Virginia, died seized of a tract of land in Fayette county, this State, de- scril:)ed in his deed by metes and bounds, as containing two hundred acres and thirty-seven poles, and leaving his widow and two sons surviving him. On the 23rd day of October, 1895, the widow and sons conveyed the lands to James Kay, in consideration of $4,800.00 of which $1,000.00 was paid in cash, and for the residue of which the purchaser executed his four negotiable notes in eciual amounts, payable in one, two three and four yeai's.
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