Branton v. Jones

*307In this case we determine whether the trial court, after its confirmation of a judicial sale of property sold in the gross and not by the acre, erred in setting aside the sale because of a unilateral mistake concerning acreage.

J. D. Parker, Jr., sought partition of property located in Suffolk and owned jointly by him and Elsie Rodgers Jones. Parker and Jones acquired title to the land by the will of Elma Rodgers. The deed conveying the property to Elma Rodgers described it as bordering several estates and individuals and “containing twenty-six (26) acres, more or less.”1 Records in the city…