Payne v. Wade

CORN, V. C. J.

This is an action to recover specific real property and for rents and profits therefrom. Judgment was rendered by the trial court in favor of the defendants, and the plaintiffs appealed. For convenience the parties will continue to be referred to in their original order.

Stating the relevant facts briefly, it is alleged in substance that on December 9, 1925, W. W. Payne gave T. L. Wade a deed to 995 acres of land, including 300 acres involved in this appeal. That, although the instrument was a warranty deed and was upon its face an absolute conveyance, it was in truth and in fact…