Coltrain v. Dennis Simmons Lumber Co.

Cuaek, 0. J.

This is an action of trespass, and. to recover possession of land.' Both parties claim under a common source of title. It is admitted that the plaintiffs are owners of the first two tracts of land described in the deed from Biggs and Jones, trustees, to W. H. and Exum Carstarphen, by virtue of the deed to them from the heirs of the said Oarstarphens.

The sole question at issue is whether the deed from the Cars-tarphen heirs to H. A. Coltrain embraced the third or 50-acre tract of land described in the deed from said trustees. All the evidence is to the fact that the 50-acre tract…