In this action the plaintiff sought to have a deed of gift executed to her by her mother and conveying to her a portion of a tract of land, known as the "Mose Brantley place,” reformed and an alleged deficiency in acreage in the entire tract apportioned between her and her brother to whom the grantor, concurrently with the making of the conveyance to plaintiff, deeded the remaining portion of said tract. The trial court, in the judgment appealed from, denied the plaintiff’s motion for a summary judgment and granted a summary judgment to the defendants.
The tract divided by the defendant, Mamie Welch Smith, between the plaintiff and the other defendant, Herschel L. Smith, was thought to contain 102% acres, and the deeds executed contemporaneously by her to the plaintiff and to the plaintiff’s brother, Herschel L. Smith, purported to convey to the plaintiff 70 acres and 32% acres to Herschel L. Smith. Plaintiff contends that a subsequent survey of the entire Mose Brantley place disclosed that instead of 102% acres it contained only 95.25 acres, and that, as disclosed by the survey had after the making of the deeds, the defendant, Herschel L. Smith, is in possession of 32.41 acres and plaintiff is in possession of only 62.84 acres. The deficiency in the amount of land conveyed to her is thus, as she contends, disproportionate to the deficiency in acreage received by Herschel L. Smith. The record also disclosed, however, that there were several other tracts of land in the T. J. Smith estate which were divided by Mamie Welch Smith among the children of T. J. Smith, Sr., but no evidence was introduced which in any manner tended to show what proportion of the estate of T. J. Smith, Sr., plaintiff was entitled to receive or that the tract of land in question constituted her
Judgment affirmed.
