Frank & Bro. v. Coltraine

Citations

• 61 Miss. 606

Syllabus

<p>1. Reax. Estate. Sale by the acre. Bond for title. Deed.</p> <p>Where land is bargained for and sold by the acre, and a bond for title is executed describing the land as so many acres and not by land numbers, and (.he buyer afterward takes a deed to the land which describes it by land numbers and not by acres, in a dispute as to the quantity of land actually bargained for, the bond for title will control and not the deed.</p> <p>2. Same. Estoppel.</p> <p>And in such case the buyer will not be estopped by the deed from showing that he did not get the number of acres bargained for.</p>