Boyd

The plaintiff alleges in his complaint that on the twenty-third day of April, 1881, Mary B. Taggart duly made, executed and delivered to him two several deeds of conveyance, by one of which she conveyed to him certain described parcels of land, and by the other certain other parcels. According to the complaint, the number of parcels specified and described in one is much greater than the number specified and described in the other. Consequently, much more space is devoted to the description of the several parcels alleged to have been conveyed by one of the deeds than is devoted to the description of the several parcels alleged to have been conveyed by the other. Neither of the deeds was produced at the trial. The first witness examined was the plaintiff in his own behalf. He referred to one of the deeds as “the short deed,” and to the other as “the second or larger deed.” In the statement on motion for a new trial we find the following:

Referring to said decree we find that the court adjudged the plaintiff to be the owner of the land described in the deed referred to in the findings as “the short deed,” viz., the one which conveyed the least number of parcels of land, and that he…