McCarty v. Wilson

Opinion by

Judge Elliott:

On the 28th day of August, 1876, the appellants sold and executed their title bond to convey to appellee a described boundary of land at the price of $3,300. It was agreed and so stated that the boundary contained 7254 acres and 11 poles.

Afterward it was ascertained that the tract contained about 75 acres, and under the plea that there was. a mistake in the boundary of the bond appellants took possession of about three acres of the land and tendered a deed to appellee for the balance. Appellee refused to accept the deed, and brought this suit for a specific execution…