Marlea Corp. v. Casto

McGraw, Justice:

In 1951, W. D. Burrus and his wife bought 1.6 acres in Kanawha County, In 1952 they jointly conveyed .18 acre of the 1.6 acre tract to Ida Rupp. The entire tract remained assessed to Burrus until 1966 when Burrus, his wife, and Ida Rupp conveyed to Marlea Corporation what was intended to be the entire 1.6 acres originally purchased by the Burruses. An erroneous metes and bounds description appears in the deed to Marlea which encompassed only the .18 acre tract conveyed from Bur-rus to Rupp instead of the full 1.6 acres conveyed by the general description.

After recordation of…