Shubert v. Lacy

LAWSON, Justice.

On November 13, 1950, J. C. Rogers and wife executed a timber deed conveying to L. C. Lacy certain timber growing on a tract of land in DeKalb County, which timber was to be removed prior to 1952. This transaction seems to have been with the knowledge and consent of one Vaughn, who held a mortgage on the land. Vaughn received most of the purchase price. Lacy did not have this timber deed recorded until February 2, 1951.

Between the date on which the timber deed was executed and that on which it was recorded and on, to wit, December 20, 1950, the tract of land on which the…