Hurst v. J. M. Griffin & Sons, Inc.

*385Alexander, J.

Hurst filed bill to remove the clouds arising out of the assertion by appellees to a greater interest than one-fifth in the SE¼ NE1/^ Section 9, Township 6 North, Range 12 East, Newton County.

The original owner of the forty acres was Sarah Horn, a patentee from the Government. She died intestate leaving four living children and the children of a deceased child. One of the heirs, Jack Horn, sold in 1911 to B. F. Carter “my one-fourth undivided interest” in the land. He owned in fact only a one-fifth interest. In 1929 Carter sold to J. P. Pace “all my right, title and interest” in…