41 Ind. App. 310 | Ind. Ct. App. | 1908
This is the second appeal in this cause (Ludwig v. Petrie [1904], 32 Ind. App. 550), and is an action brought by appellee against appellants. The complaint is in two paragraphs. The first is predicated on a warranty deed made by appellants to appellee, whereby it is contended that appellants warranted the tract conveyed to contain thirty-five and seventy-hundredths acres, when in truth it contained only twenty-nine acres, and that appellee had been evicted from six acres of the tract he supposed he was getting under the deed. The second paragraph is based upon fraudulent representations on the part of the appellants in pointing out to appellee the boundary lines of his land, when in fact the lines pointed out were not the boundaries, and by reason thereof he had been evicted from six acres of the
In the case last cited the Supreme Court held, in con
Judgment affirmed.