Kilburn v. Pierson

Opinion of the Court by

Judge Rees

Reversing.

On November 5, 1931, A. C. Pierson executed and delivered to O. M. Kilburn a deed to two tracts of land in Jackson county. The first tract was described by metes and bounds and as “containing 45 acres by survey.” The second tract was described by reference to the lines of owners of the adjoining land and as “containing' by estimation 15 acres more or less.” The consideration was $1,200, of which $100 was paid in cash. For the remainder Kilburn executed one note for $100 dated October 29, 1931, due December 29, 1931, and five notes for $200 each dated…