Trammell v. Thomas

Felton, Justice.

Pretermitting the question of whether the description of the land being litigated over is a correct, legally sufficient description, the court erred in granting the defendant’s motion for a summary judgment for at least two reasons. The evidence of defendant on summary judgment does not pierce the pleadings on the question whether the deed of correction from *154George J. Cheek to Mary Ruth Leonard, purporting to correct the description in a deed between the parties dated July 14, 1931, which prior deed caused an overlapping of the description of the land in the dispute in deeds…