153 So. 798 | Miss. | 1934
This suit, which was originally filed in the circuit court of Harrison county, is an action of deceit for alleged false representations by the grantors in a warranty deed as to the amount of land conveyed. By an order of the circuit court the cause was transferred to the chancery court, and the pleadings were there reformed to conform to the practice of the chancery court. Upon the final hearing of the cause, a decree was entered dismissing the bill of complaint, and from this decree the complainant appeals.
The proof shows that on September 16, 1925, the appellees executed and delivered to the appellant a warranty deed purporting to convey to him a tract of land having a frontage of five hundred fifty feet on the Gulf of Mexico, at a basic price of one hundred fifty dollars per front foot. Afterwards, by separate suits filed by the appellant herein against the owners of adjoining property on the east and west respectively, the eastern and western boundary lines of the property purchased by appellant were finally and definitely established. Dunn v. Stratton,
By surveys of the property made in accordance with the lines established by these decisions, the fact was definitely established that when measured on a line east and west there was a shortage of about eighty-three feet in the beach frontage of the tract of land purchased by the appellant; hence this suit which was filed on December 6, 1932.
An action of deceit will lie for a false representation as to the acreage or the number of feet in a tract of land sold, although the representation was made in good faith, Lundy v. Hazlett,
In the case at bar, the record is barren of any such proof. It affirmatively shows that, after the delivery of the deed, the appellant had no communication with the appellees, and it fails to show that they did anything that could be construed as a concealment of the falsity of the representation as to the amount of land conveyed, or a concealment of the cause of action. This suit was not filed until more than seven years after the cause of action accrued to the appellant, and therefore it was barred. Section 2292, Code 1930.
Affirmed. *578