Allen v. Cates

Petitioners alleged the parties traced their titles to W. C. Stewart who in 1919 purchased a tract containing 52 acres from J. W. Knott; the southern 40 acres of this tract was acquired by petitioners in 1942. Defendants acquired the balance of the 52 acres conveyed by Knott to Stewart.

We interpret the stipulations, the recitals in the judgment, and the briefs filed here as an acceptance of petitioners’ contention that the parties trace title to a common source and that petitioners have the older and hence better title.

The description in petitioners’ deed reads:

“Lying and being in Old…