Moss v. Jefferies

Citations

• 32 S.C. 195
• 10 S.E. 939
• 1890 S.C. LEXIS 29

Syllabus

<p>The complaint alleged that over 34 years ago plaintiff had conveyed a tract of land to one A in exchange for two smaller tracts of land belonging to A’s wife, and possession was accordingly taken respectively, and quietly and uninterruptedly held ever since; that A had mortgaged the land so conveyed to him ; but that recently, and since A’s death, it had been discovered that the conveyance to plaintiff of the two smaller tracts was defectively executed in that there was no proper relinquishment of inheritance, and the widow of A had commenced an action for the recovery of these two smaller tracts. The relief prayed was that the mortgagee be enjoined from selling the larger tract and that the contract and deeds of exchange be rescinded. Held, that the complaint did not state facts sufficient to constitute a cause of action, either for rescission of contract or for damages for breach of warranty. Mk. Justice McGowan, dissenting.</p>