91 Ga. 84 | Ga. | 1892
A petition for injunction was presented on October 4. to restrain tbe enforcement of judgments rendered by default on April 25, 1892, on promissory notes
On December 23,1889, he purchased of Olliff & Kennedy a tract of land in Bulloch county for $2,500, paying a large amount in cash and the balance in notes, said purchase being by the acre. At the time of the purchase Kennedy, a member of said firm, represented to him that there were 450 acres in the tract, which representation he knew to be false, for the firm on February 17, 1888, purchased said tract from one Nessmith, and were informed by Nessmith at the time of the execution of his deed that the tract only contained 537 acres, “and after being informed as aforesaid as to the number of acres, insisted upon and did then and there of his own volition increase said number of acres 63, making a total of 600 acres.” Afterwards Olliff & Kennedy sold off’ to one Harville 200 acres of the tract, leaving 337 acres according to original deeds, and 400 acres according to their own deed. But at the time of said purchase, defendant Kennedy, for the manifest purpose of defrauding and deceiving petitioner, knowingly and wilfully increased said number 50 acres more. Petitioner has had the tract surveyed by the county surveyor, and there are in fact only 229 acres therein, “a difference of 151 acres at $5.55-| per acre, a total cost of $858.88-f, for which petitioner receives no consideration, and which of itself shows clear fraud.” At the time of the purchase he gave his nine promissory notes, with C. W. Zetterrower, C. C. DeLoach, Allen Lee and Berrien Davis as security, for the sum total of $720.84 principal, with interest from maturity, and ten per cent, attorney’s fees. Petitioner, relying upon and confiding implicitly in the representations of Kennedy as to the quantity of acres in the tract, was deceived, misled and