The Montgomery advertiser., 1901-09-15
PINksroN V RofkIN.

Ell in .au.ts .u alnul saIe ol iand ind
 cancel conveyance thereof-Appeal
 nom the ChanceTy Court Of Ma,;on.
 1. Bill to annuI safe of land ana ,an- Gel conveyance: sufficiency thereof on mouon to dismiss for want of equity Where bill in equity is filed to vacate veyance thereof, and it is snown by the averments of the bill and the inference of facts adduced therefrom. that the re- spondent by fraudulent devices, trickery and afhrmative misrepresentations of facts, through his agsnl, misied and de- ceived the complainant to believe that the lands seid by him were worth less than their real value, that this was done with the intent to defraud complainant and 1t did deceive and defraud him, tha Wmcn S oeceit and fraud led him to make to the respondent for less than one-half their value, and that said bill was filed immediately upon discovering such fraud, anu It IS not shown that complainant was wanting in diligence to sooner dis cover said fraud. and there Is contained m said pill an offer to do equity. a mo- ton to dismiss such bill for the want of equity is properly overruled
 same; demurrer; averments of fraud should be made directly and positively Where a bill is filed to annul and vacate the sale of land by complainant to de- fendant and to cancel the conveyance thereof. upon the ground that said sale and ana conveyance % were procured to be defendant, the material averments of said bill showing the fraud complained of, should be made directly and positively, and not left to be deduced by inference from the avernerts; and if not made di- rectly and positively, such bill is sub- Ject to demurrer.
 g. Same; same; name of agent of re- spondent practicing fraud should be averred-In such a bill, where 1t is averred that the respondent practiced tations of fact upon the complainant. through the agent, and that by reason of such fraud and trickery on the part of ne wss ipaS and agent the of said sale, the name of the person who is alleged to have acted as the respond ent's agent in misleading and deceiving the complainant, should be averred; and the fact that such person was the re- spondents agent and that the respond ent. therefore, knew his name and iden- ure to aver the name of such person. 1: Same; sufficient description of land Where bill Is filed in equity to an- null the sale of land and to cancel the conveyance thereof. a description of the land involved in the suit Is sufficient, if 1t furnishes data from which the identity of said land may be fixed with certainty by evidence aliunde.
 5. Same; sutflciency of offer Ito do equity-Where bill is filed to vacate the sale of land and to cancel the convey the defendant has received rents and profits from said lands, more than suf- ficint to repay him the amount paid to complainant in the purchase, but that If the complainant Is mistaken in this averment. he offers to pay any sum which shall finally appear to be due and owing the defendant, and offers to do and perform such other things as the court may determine to be equitable. thereby fully submitting himself to the equlty or the court" such averments constitute sufficient offer to do equity.
 ATrmed in part and remanded and rendered in part
 Opinion by Mcclellan, c. J.