Overton Refining Co. v. Harmon

MARTIN, Justice.

In 1918 H. C. Maxwell and his first wife, Arie Maxwell, owned as community property three tracts of land,.a 102-acre tract, a 108-acre tract, and 9.29 acres known as the Pruitt tract. On November 5, 1918, they conveyed these to J. M. Cohagen by metes and bounds. About February 1, 1919, Cohagen purchased from Bolt about one acre of land adjoining the Pruitt tract on the south. Only the Pruitt and Bolt tracts immediately concern this lawsuit. In running out the lines of the 9.29-acre tract, the land in controversy was omitted; its omission being explained by Co-hagen as follows:…