TOWNSEND, J.
1. The undisputed evidence on the trial was to the effect that the land processioners and surveyor, after making certain trial surveys not in evidence here, came to the conclusion that the line they were to run would affect three tracts of land of 20 acres each, according to the deed, belonging respectively to the plaintiff in error, the defendant in error, and a third party; that these three tracts did not actually contain 60 acres in the aggregate,...
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