Cusimano v. Spencer

Roberds, J.,

delivered a dissenting opinion.

In my manner of thinking the opinion of a majority of my brethren is not only contrary to correct rules of law and equity but works grievous injustice. My conclusion is based upon this reasoning:

1. The acre of land in controversy was misdescribed by beginning 106 feet west of the southwest instead of the northwest comer of land owned by V. T. Lenoir. The remainder of the description is exactly the same. The opinion holds that Section 2315, Code of 19301, has no application where the land sold is misdescribed. That conclusion is reached, as I…