52 P. 491 | Or. | 1898
delivered the opinion.
This is a suit to rescind an executed sale of land alleged to have been brought about by fraud, to compel a return of the purchase money, to recover $450 for improvements placed on the land by the plaintiff, and $500 as damages on account of such fraud. The facts are that on October 12, 1889, the plaintiff purchased of defendant two hundred and forty acres of land in Douglas County, for $2,300, and received a deed therefor containing the usual covenants of warranty, and immediately entered into and has ever since remained in the quiet and uninterrupted possession thereof; that upon learning, in the spring of 1894, of a defect in the record title to forty acres of the land, he offered to reconvey the property, and, without being ousted or disturbed in his possession, demanded the return of the purchase money, and a rescission of the sale, which being refused, he brought this suit, and, failing in the court below, appeals.
Affirmed.