JACKSON V. SEYMOUR
71 S.E.2d 181 (1952)
NATURE OF THE CASE: This was a case involving the rescission of a deed. Jackson (P),
seller, appealed a decree that she was not entitled to rescission of the deed to real estate
that she sold to Seymour (D), buyer, her brother.
FACTS: In May 1950, Jackson (P) filed a bill of complaint to have a deed of February 18,
1947 seeking rescission. P alleged that she had been induced by her brother to sell the land
for $275 to him on the representation that the land was worthless. P stated that she had
complete confidence and respect in her brother for the management of her property and
business affairs and took him at his word and conveyed the land. About two and a half years
later she discovered that the land had $3,200 to $5,000 worth of merchantable timber. Her
brother had cut and sold the timber at a price unknown but at a considerable profit. D
denied the charges and alleged that he bought the property at P's urgent request and that he
did not know there was merchantable timber on the land. D also earned $2,353.42 from the
timber cut. At the close of evidence, P attempted to amend the complaint to constructive
fraud. The lower court rejected that amendment. The lower court concluded for D in finding
no actual fraud and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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