Central (D) offered tracts of land for sale to settlers and actual occupants of the lands. D agreed to convey certain lands to Kelly (P). This promise and contract were made on the false representation by P to D that P was the bona fide occupant of the land. When D learned of this fraud, they notified P that they could not honor the contract and tendered back his first payment. P sued D, and the lower court ordered the land to be conveyed to the person in actual possession who had intervened. P appealed.

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