Rode v. Eftimoff

This was a suit in chancery by appellees against appellants to cancel a contract for the sale of two lots sold to appellants by appellees under contracts on monthly payments.

The contracts were dated July 24, 1926, and May 3, 1927, and the bill alleges that after the execution of the contracts a survey was made of the lots and it was ascertained that a triangular piece, containing .046 of an acre did not belong to appellees; that title to same could not be conveyed and prayed that the contracts of sale .be canceled by the court and the equities between the parties adjusted.

After answer was…