Reusche

Plaintiff sued for damages for fraud growing out of the purchase of real property from the defendants. The trial court held that the right of action was barred by the statute of limitations and gave judgment to the defendants. The plaintiff has appealed on a typewritten transcript.

The sale was made under a written deed of conveyance executed on June 28, 1919. The deed described the land as containing about 240 acres, which was sold for the lump sum of $10,000, including some personal property situated on the premises. It afterward developed that the tract owned by the defendants and conveyed to the plaintiff contained but 173.42 acres and the claim of fraud is based upon the alleged misrepresentations of the defendants as to the acreage. In an effort to avoid a plea of the statute of limitations the plaintiff alleged that he did not discover these misrepresentations until August 13, 1924, when he had the lands surveyed as a result of a notice which he received from the county tax collector on April 22, 1924, stating the belief of the tax collector that the tract of 66.58 acres belonged to others.

The defendants answered denying the allegations of misrepresentations ; alleging…