Smith v. Smith

Eberhardt, Presiding Judge.

E. L. Smith, Sr. and E. L. Smith, Jr. brought suit against D. B. Smith to recover an alleged loss due to a breach of warranty of the title to lands described in a deed, the defendant being a remote grantor in the chain of title. E. L. Smith, Sr. later voluntarily dismissed as to himself, leaving the suit to proceed with E. L. Smith, Jr., the last grantee in the chain of title, as sole plaintiff.

Thereafter the defendant moved to add as parties plaintiff Joseph Henry Smith, Eleanor K. Smith and E. L. Smith, Sr., who were intermediate warrantors in the chain of title…