Durden v. Reynolds

I fully concur in the opinion as it relates to Case No. S94A0056. However, I must dissent to the judgment in Case No. S93A1708 because I believe that the trial court did not err in refusing to grant *39partial summary judgment in favor of Durden.

Both the 50-acre tract and the 62-acre tract were conveyed to the same party in a single warranty deed in 1945. The “except” clause described

30 acres more or less situated in the Northwest corner of said tract, which tract is 800 feet more or less from the center of a branch on the south side and 1500 feet more or less from the center of said branch on…