Lloyd v. Kyle

Snyder, Judge:

Stacy Lloyd, being the owner of two tracts of land, containing respectively 7,000 and 2,689 acres lying in Wetzel county, sold and by deed, dated May 8, 1847, conveyed with special warranty of title to Robert Kyle 2,000 acres to be selected by Kyle in three separate parcels from the two tracts aforesaid. In 1853 Kyle had a survey made which purported to contain 2,000 acres, but the metes and bounds of which actually embrace 4,000 acres. Lloyd having died, Kyle in 1855, brought suit in the circuit court of Wetzel county against the heirs of Lloyd to have the land partitioned and…