Colbert v. Gann

Conley Byrd, Justice.

In 1955 appellees Charles Y. Gann and Edith E. Gann purchased ‘ ‘ all that part of the SW% of Section 22, T. 15 N., R. 3 E. lying east of the Culberhouse Public Road, containing 15 acres more or less.” Based upon the assumption that the area contained only 15 acres, they conveyed the five acres off the north end to Elmo Russell and wife in 1960. The boundary line between them was partially marked by a fence running in a southeast-northwest direction. In March 1966, the Ganns advertised for sale a house and five acres of ground. Pursuant to the advertisement, appellants…