Ozan-Graysonia Lumber Company v. Swearingen

This action was brought by appel-lee in the chancery court of Montgomery County to cancel a deed conveying to appellant the timber on land in that county. The tract of land involved in the controversy contains forty acres, and, on May 2,1907, C. "W. Belcher conveyed to L. Sparkman, appellant’s grantor, all of the pine timber of certain dimensions growing .on the land mentioned. The deed contained the following clauses:

“It is agreed that said party of the first part shall pay all taxes and assessments levied against said lands and timber and keep the same from all alienation and incum-brance,…