Banks v. Wilhoite

CULLEN, Commissioner.

On February 19, 1963 Ira Wilhoite and wife purchased from Robert Lee Penn a 5.81-acre parcel of Penn’s farm, and on the same day Atmore Wilhoite (Ira’s brother) purchased from Penn a 4.65-acre parcel of Penn’s farm adjoining Ira’s parcel on the east. The deed for each parcel described the parcel as “fronting on Cliff-side Drive, a street heretofore dedicated for public use,” and the description in each deed fixed the north line of . Cliffside Drive as the southern boundary of the parcel conveyed.

Penn died in 1968 and in 1969 his heirs sold the remaining portion of his…