Jackson v. Seymour

Facts

The Plaintiff claimed that she relied on her brother’s representations that the land was worthless, except for pasture land, when he was aware that it contained valuable timber and profited from it considerably after acquiring the land. Plaintiff alleged that Defendant’s statements inducing her to sell the land were “false and fraudulently made,” and she sought rescission of the deed and the Defendant’s profit from the timber. At the time the offer was made, the Plaintiff had approached the Defendant in need of money and desiring to sell the land. The Defendant denied knowing about the timber before purchasing the land, denied all charges of fraud, and admitted he had realized the sum of $2,353.42, but denied Plaintiff’s right to rescind the deed or have him account for the gain. The trial court found that Plaintiff’s allegations of actual fraud had not been sustained, but took on advisement whether there was constructive fraud as a result of the confidential relationship between the siblings. The Plaintiff’s filed an amended bill too late, and the court denied her relief.