(1.) Five survey fields, Nos. 367, 368, 369, 371 and 421, measured acres 10, cents 11 according to the old survey. The 1st defendant sold on 18th November 1909 a moiety, viz, acres 5, cents 5 1/2 to the 2nd defendant.
(2.) To make up this extent he included the whole of survey Nos. 368, 36S and 371 which amounted to acres 4 and cents 46 and added thereto 591/2 cents out of survey No. 367, the total area of which was acres 4 cents 18.
(3.) Of the five above-mentioned fields which descended to the 1st defendant and another from a common ancestor, no portion of survey No 421 was included in the 1st defendants sale-deed to the 2nd defendant.