Parr v. Worley

OPINION

EASLEY, Justice.

Parr sued Worley to quiet title to the mineral interest in land occupied by a public highway. Worley counterclaimed to quiet title in himself. The court granted summary judgment for Parr. We reverse.

The questions are whether a deed convey- . ing land “lying to the East of” the highway includes the east one-half of the highway and whether a designation of the acreage is controlling in determining the intent of the grantor.

In 1949, Parr conveyed to Worley a portion of land described as “lying to the East of” the highway, “containing 25 acres, more or less.” The actual…