Childers v. Justice

Commissioner Clay

Affirming.

This suit was brought by appellant ■ to quiet his title to a small tract of land on the north side of .Russell’s Pork on the Big Sandy River. The Chancellor adjudged appellee was the owner.

James Bevins originally owned the land. After his *65death his heirs brought suit for sale and division. The petition described the property as consisting of tracts No. 3 and No. 4, and they were sold as such. Appellee purchased tract No. 3, and subsequently appellant bid in and purchased tract No. 4. Each of the descriptions of tract No. 3 and tract No. 4 encompassed the same land.

Ap…