Jackson v. Seymour

Facts

Lucy Jackson (plaintiff) owned a 166-acre farm that adjoined land owned by her brother Benjamin Seymour (defendant), a successful farmer and businessman. Tazewell Wilkins approached Seymour and expressed his interest in purchasing some of his land, but also wanted to purchase the adjoining tract of 31 acres that belonged to Jackson. Wilkins did not approach nor negotiate with Jackson for the purchase of her land. Seymour told Wilkins that he did not own the adjoining tract of land but was willing to sell his land for $275. Following her husband’s death, Jackson was in need of funds and sold the 31 acres of her land that Wilkins had shown interest in to Seymour for $275. Following the sale, Seymour discovered for the first time that there was valuable timber on the land worth $3,200 to $5,000—about ten times the amount he paid for the property,. Jackson was unaware that the land contained merchantable timber. When she discovered that Seymour had cut and marketed the timber, she demanded an accounting of the profits. When Seymour refused, Jackson sued for a rescission of the deed of her land to him.