This section contains the nature of the case and procedural background.

In May 1950, Jackson (P) filed a bill of complaint to have a deed of February 18, 1947, seeking rescission. P alleged that she had been induced by her brother to sell the land for $275 to him on the representation that the land was worthless. P stated that she had complete confidence and respect in her brother for the management of her property and business affairs and took him at his word and conveyed the land. About two and a half years later she discovered that the land had $3,200 to $5,000 worth of merchantable timber. Her brother had cut and sold the timber at a price unknown but at a considerable profit. D denied the charges and alleged that he bought the property at P's urgent request and that he did not know there was merchantable timber on the land. D also earned $2,353.42 from the timber cut. At the close of evidence, P attempted to amend the complaint to constructive fraud. The lower court rejected that amendment. The lower court concluded for D in finding no actual fraud and D appealed.

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