Marcum v. Cantrell

CLAY, Commissioner.

This is a suit to quiet title to a 10-foot wide strip of land which constitutes a pass-way from appellees’ home to a street in a subdivision. The Chancellor adjudged ap-pellees to be the owners and enjoined appellants from obstructing it. Several questions are raised on appeal.

In 1961, one Waggoner conveyed to ap-pellees a triangular lot. After the execution of the contract of sale and prior to the deed, a 10-foot passway was built from the house on the lot to a street. The courses and distances description in the contract encompassed the passway. The metes and bounds…