Morris v. Varnell

Robinson, Justice.

Appellant Morris conveyed standing timber by warranty deed to American Excelsior Corporation. Before the timber was removed and prior to the expiration of the time specified for removal, Morris, without mentioning the former conveyance of the timber, sold the land to one Henderson. Henderson placed of record his deed to the land before the timber deed was recorded. Appellee Yarnell claims to be the real party in interest so far as the grantee named in the timber deed is concerned, and filed this suit in his own name against Morris for a breach of the covenant of warranty.

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