Hartel v. Dishman

WALKER, Chief Justice.

This appeal is by writ of error, but the parties will be referred to as appellants and appellee.

On the 15th day of April, 1936, Stuart R. Smith deeded to appellee, H. E. Dishman, an undivided interest in the Claiborne West league in Orange county, warranted in the deed “to be not less than an undivided 330 acre interest.” Mr. Smith held title to a part of the land conveyed by him to appel-lee by, through, ánd under Mrs. Martha A. Van Auken, who conveyed to him her interest in the land as an “undivided interest.”

On the 17th day of August, 1927, at that time owning the…