Misrepresentationss, and obtaining a bargain-in consequence thereof, disadvantageous to the party deceived by them, is a ground in equity for setting aside the conveyance, although the party imposed on were of sound understanding, and had time enough to detect the ialshood before he made the contract. In this case the debts due from the testator were represented to his legatees to be very large, and likely to fall upon the estate in remainder devised to thi m; and in was concealed from them, that a fund was provided by the testator for payment of his debts. The conveyance must be set aside 'tout the grantee shall be allowed for the improvements made c* She estate.
M'Allister v. Barry, 3 N.C. 290, 2 Hayw. 290 (1803)
Dec. 1803
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North Carolina Superior Court
3 N.C. 290, 2 Hayw. 290