Perry v. Sadler

• Decision Date: 17 June 1905
• Citation: 88 S.W. 832
• Parties: PERRY et ux. v. SADLER et al.
• Court: Arkansas Supreme Court

88 S.W. 832

PERRY et ux. v. SADLER et al.

Supreme Court of Arkansas.

June 17, 1905.

Cross-Appeals from Circuit Court, Yell County, Dardanelle District, in Chancery; William L. Moose, Judge.

Action by R. C. Sadler and another against James K. Perry and wife. From a judgment for plaintiffs, defendants appeal, and plaintiffs prosecute a cross-appeal. Affirmed.

J. M. Parker, for appellants. Bullock & Davis, for appellees.

HILL, C. J.

Perry and Sadler entered into a written contract on November 11, 1890, containing, among many other clauses, this one: "Said Perry to deed unincumbered to said Sadler the Keywood place say about 68 acres more or less and 32 acres off lower side of Brown place along upper side of Keywood place." Pursuant to this contract, two deeds were executed, one to R. C. Sadler, and one to R. C. Sadler and Elizabeth C. Sadler, his mother, to different tracts. In the deed to R. C. Sadler "all of north half of the south east quarter except the 32 acres off the south side in sec. 15, T. 6, N. R. 20," etc., is conveyed. In the deed to Sadler and his mother the following description is found: "The south half of the south east fractional quarter containing sixty eight acres more or less and thirty two acres off of the south side of the north half of south east fractional quarter, all in sec. 15, township six, north of the base line and range 20 west 5th principal meridian," etc. The Keywood place was conveyed to Perry in 1883 as "the south half of the south east quarter of section fifteen in township 6 north and range 20 west containing 66 acres more or less." This action is brought by appellants, claiming a small tract of 62-100 of an acre, being described in the governmental surveys as southwest fractional quarter of section 14, township 6 north, range 20 west, and its accretions and the accretions to said 68-acre and 32-acre tracts.

It is undisputably shown that it was an unintentional oversight in the conveyances to Perry and from Perry to Sadler that said fractional quarter section of section 14 was not included. It was a small wedge-shaped tract running almost to the dwelling house on the Keywood place, including part of the yard and garden. This part of it was inclosed with other land, and all of it under control of the owner of the Keywood place. The parties did not know that this fraction did not pass under the deeds, as they supposed all of this land was in section 15, and it was clearly shown that it was intended to be...