Price v. Ferra

CULLEN, Commissioner.

This action involves the title to a tract of some 60 acres lying on Gay’s Creek in Perry County. Judgment was entered for the plaintiffs, Otie Ferra and Malta Little, and the appeal is by the defendants, Jeff Price, Elmira Price and Floyd Gay.

The appellees own a tract at the head of Gay’s Creek, and the appellants own an adjoining tract down the creek. The lower line of the appellees’ tract is marked, in their deeds, by a small drain running down the mountain side and emptying into Gay’s Creek near a white oak stump. ■ The upper line of the appellants’ tract likewise is…