Youngerman-Reynolds Hardwood Co. v. Hicks

THOMAS, Justice.

The case was tried on counts for breach of covenant in conveyance of standing timber.

In amended count A damages were claimed for the breach of covenant of seisin, concluding that, “at the time of said conveyance said defendants did not own the title or right in and to said part of said timber hereinabove described * * * ”; and count B concludes, “defendants at the time of said conveyance were not in possession of the part of said timber as hereinabove described and did not put plaintiff in possession of sai'd timber. * * * ”

Such counts for covenant of seisin failed to claim…