Checkley & Co. v. Citizens National Bank

This appeal presents the question whether a purchaser at a partition sale is entitled to recover a pro tanto portion of the purchase price bid by him where the land sold at a price per acre based upon a definite metes-and-bounds description of a certain number of acres, “more or less,” and by later survey it is determined that there is a shortage of 6.68 acres due to an encroachment neither of record nor alleged to be ascertainable by visual inspection.

Plaintiff-appellant corporation, through its agent, H. R. Checkley, bid off and purchased for $800 an acre at public partition sale held by a…