Sample v. Bridgforth

Citations

• 72 Miss. 293

Syllabus

<p>1. Sale. Rescission. Mutual mistake. Collateral fact.</p> <p>A sale is not voidable because of a mutual mistake as to collateral facts unknown to both parties, and as to which the sources of information were open alike’to both. IPise v. Brooks, 69 Miss., 891.</p> <p>2. Same. Title. Prior incumbrance. Rescission.</p> <p>Accordingly, where both seller and buyer of a note -suppose it is secured by a first lien on property, and the seller makes no representations, and the buyer examines for himself the record of deeds, the fact that there was a prior trust-deed on record, which the buyer failed to discover, is not ground for rescinding the sale.</p>