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2 Ky. Op. 84

Allin v. Bowen

Court of Appeals of Kentucky

Decided September 16, 1867

Court of Appeals of Kentucky · decided 1867-09-16

<p>Land — Sale of by Tract — Quantity—More or Less — Validity of Sale.</p> <p>Where land is sold by the tract, the actual puantity, more or less, cannot invalidate the sale.</p>

Decided 1867-09-16

¶1Opinion' op the Court by

Judge Robertson:

¶2The land is sufficiently identified by the record; and having been sold by the tract as containing about 62% acres, whether it contains precisely that quantity or only 10 or only 50 acres, the actual quantity, more or less, cannot-invalidate the sale, especially as Allin, the owner, represented it as a tract of 62% acres.

¶3And seeing no reason for setting the sale aside, this court cannot reverse the judgment, which is therefore affirmed.

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