Kirby v. Jacobs
Kirby v. Jacobs
Opinion of the Court
delivered the opinion of the court.
On the 21st day of April, 1825, Richard Kirby ■conveyed to William Jacobs a tract of land, supposed to contain one hundred acres; and on the 22d day of August, 1850, being more twenty-five years from the day of the conveyance, this suit in chancery was instituted to recover from Kirby for an alleged deficiency in the quantity of land. According to the survey, made under an order of court, the boundary, a3 run by the surveyor, falls short of one hundred acres, by more than fourteen acres. The consideration paid for the whole tract by Jacobs was $1,750, being an average price of $17 50 cents per acre; and the circuit court rendered a decree against Kirby for $253, and upwards, on account of the deficiency in the quantity of land, with interest from the date of the deed.
It was erroneous to give interest from the date of the deed of conveyance, even if the complainant was entitled to any decree at all for the deficiency. (Grundy's heirs, &c. v. Grundy, &c. 12 B. Monroe, and the authorities there cited) But the complainant was en
Wherefore the decree is reversed, and the cause-remanded, with directions that the bill be dismissed.
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