Evins v. Price

477 S.W.2d 204, 63 Tenn. App. 627, 1971 Tenn. App. LEXIS 236
CourtCourt of Appeals of Tennessee
DecidedJuly 30, 1971
StatusPublished
Cited by7 cases

This text of 477 S.W.2d 204 (Evins v. Price) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evins v. Price, 477 S.W.2d 204, 63 Tenn. App. 627, 1971 Tenn. App. LEXIS 236 (Tenn. Ct. App. 1971).

Opinion

OPINION

TODD, Judge.

The complainants, E. W. Evins and N. B. Merriman, have appealed from a Chancellor’s decree dismissing their suit for reformation or rescission of a real estate sale because of an alleged shortage in the number of acres sold.

This controversy arises from the auction sale of a farm located partly on the north side and partly on the south side of New Hope Road. Complainants claim to have purchased the larger portion of the farm on the north side of the road for $20,500.00 under the erroneous impression that same consisted of approximately 100 acres, whereas a survey disclosed that said part of said farm contained only 62.35 acres.

The facts are almost entirely undisputed.

On November 24, 1910, Sam Malone conveyed to Ed Nixon a one-half interest in land in the first civil district of DeKalb County, described as follows:

“. . . with the following boundaries:
North by Donnell
East “ Granstaff
South “ S. Granstaff
West “ Burk & Donnell, containing 103
A. More or less . . ."

This record does not contain the deed whereby Ed Nixon acquired the other half interest in the described tract.

On November 13, 1919, J. S. Turner and wife conveyed to Ed Nixon a tract of land in the first civil district of DeKalb County described as follows:

“North by said Ed Nixon. On the South by Harriet Lawrence & Ida Smith on the East by said Ed Nixon on the West by C. P. & R. G. Donnell. The same being the land conveyed to us by Lafayte Burk & wife Harriet Burk dated the 24 day of February 1919. containing by estimation 27 acres more or less. . ” (Emphasis supplied)

On January 2, 1957, Ed Nixon and wife conveyed to Hoyt Reynolds and wife a tract in the First Civil District of DeKalb County described as follows:

“Bounded on the North by the lands of James Auburn Grandstaff; bounded on the East by a private road between our lands and the lands of C. M. Grand-staff ; bounded on the South by the lands of Martin, the lands of Sandlin, and the lands of Adamson; and bounded on the West by the Adamson road and the lands of Frank Brown, containing a total of 130 acres more or less, and being the same lands described in conveyance from I. A. Eaton, et ux. to Ed Nixon and Sam Malone, which deed is of record in Deed Book R-l, page 18 of the Register’s Office, DeKalb County, Tennessee, and in conveyance from Sam Malone to Ed Nixon under date of November 24, 1910, which deed is of record in Deed Book G-3, page 549 of the Register’s Office of DeKalb County, Tennessee, and also the land described in deed from /. S'. Turner, et ux. to Ed Nixon under date of November 13, 1919, which deed is of record in Deed Book X-l, pages 376-77 of the Register’s Office of DeKalb County, Tennessee.” (Emphasis supplied)

Upon the death of Hoyt Reynolds, his wife, Ruby Reynolds, became absolute own[206]*206er of the subject property. Upon her death, her heirs, Corley Price and Linda Gale Hudson, became the owners of the property.

At some time during 1969, Corley Price and Linda Gale Hudson employed M. S. Scott, a licensed real estate broker, to sell the subject property. Advertisements were published in the local newspaper announcing an auction sale of a “130 acre farm”. One of said advertisements stated that the farm would be sold in two tracts and as a whole, with final sale in the form producing the largest aggregate sale price.

Tract No. 1 was described in said advertisement as follows:

“Tract #1 — Consists of about 98 acres and good 7-room frame house and bath, with three rooms upstairs, concrete porch, most all hardwood floors, running water, everlasting well and outbuildings.
70 acres under cultivation, balance in pasture and woods area. Watered by everlasting well and spring.
Located North of New Hope Road with long road frontage.” (Emphasis supplied)
On the property was posted a sign which announced:
“130 acre farm to be sold in two tracts, Tract No. 1 98 (100) acres.”

The testimony was uncertain as to whether the sign stated 98 or 100 acres in Tract No. 1.

The complainants, E. W. Evins and N. B. Merriman are bankers who frequently buy farm property for investment. They agreed to attempt to buy Tract 1 of the subject property. They were not interested in Tract 2. Both complainants examined Tract 1 “from the road.” One of complainants walked over the front part of the farm, but “did not have the ambition” to walk to the rear boundary which was most remote from the road.

On the day of the sale, the auctioneer (Scott) offered Tract 1, stating that it was 98 acres, more or less “be whatever it may, and the fence will be the line.” Scott also stated that the former owner, Mr. Nixon, had told him there were 98 acres in Tract 1. Complainant, Merriman, offered the highest bid for Tract 1 at $20,000.00. Another bidder, Jim Sandlin, bid highest on Tract 2 at $15,000.00.

When bidding upon the farm as a whole began, complainant, Merriman left the sale, but told someone (it is not clear who was told) that he (Merriman) would leave a “standing offer” of $20,500.00 for Tract 1. This information ultimately reached Mr. Jennings, the “ground man” for the auctioneer and Charlie B. Martin, a bidder who offered the high bid of $36,800.00 for the entire farm (both Tracts 1 and 2). The auction was concluded with the announcement that Mr. Martin had bought the entire farm for $36,800.00.

Thereafter, on instructions of Charlie B. Martin, the successful bidder on the entire farm, separate deeds were prepared, one deed to Mr. Martin for the smaller tract for a consideration of $16,300.00 and one deed to complainants Merriman and Evins for the larger tract for a consideration of $20,500.00. Said deeds were duly executed by the sellers and delivered to conveyees upon payment of the stipulated consideration.

The deed to complainants contained the following description:

“Bounded on the North by the property line of Frank Brown, Bounded on the South by New Hope Road, Bounded on the East by the land of Jim Auburn Grandstaff, and Bounded on the West by the property line of Frank Brown, containing 98 acres more or less, and being the same lands described in conveyance from Ed Nixon, Et ux. to Hoyt Reynolds, Et ux., which deed is of record in Deed Book G-3 at page 569 of the Register’s Office, DeKalb County, Tennessee.
[207]*207“This also being the same land inherited by ns from our Father and Mother Hoyt Reynolds and Ruby Reynolds, who is now deceased, and we being the only lawful heirs of their estate.” (Emphasis supplied)

On November 25, 1969, at the request of complainants, Campbell Smoot, Jr., a licensed surveyor, made a survey from which he determined that Tract 1 contained 61.-4819 acres.

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Cite This Page — Counsel Stack

Bluebook (online)
477 S.W.2d 204, 63 Tenn. App. 627, 1971 Tenn. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evins-v-price-tennctapp-1971.