
    
      Davis vs. Bowland.
    
    Case.
    Error to the Shelby Circuit; Henry Davidge, Judge.
    
      Fraud. Representation. JVezo Trial.
    
    June 23.
    If vendee receive a deed, purporting to convey no more than the title of verdor, and there is no misrepresentation or concealment, vendor cannot incur any responsibility to vendee, upon the sale.
    Monroe, for plaintiff.
   Judge Kobertson

delivered the opinion of the Court.

This was an action on the case, for an alleged fraud by Davis, in selling lots in Sheibyville to Bowland; in which Bowland recovered a judgment. Davis had made a deed to Bow land, in which he conveyed his own title, whatever it might be, for a consideration shewn to be inadequate; and the deed declares, that Davis is not to be responsible in any event for title.

It is proved, that Bowland lived in Sheibyville, and had a knowledge of the derivation of title by Davis; it is also proved, that Davis disclosed to him all the facts in relation to his title; and there is no evidence of either fraudulent representation or concealment.

It is therefore, our opinion, that the court ought to have granted a new trial.

Wherefore, the judgment is reversed, and the cause remanded, with instructions to award a new trial.  