Remote Woodyards, L.L.C. v. Estate of Neisler

OPINION

in which ALAN E. HIGHERS, P.J., W.S., and DAVID R. FARMER, J., joined.

This case arises from a dispute over a timber contract. Appellees, through their attorney-in-fact, executed a timber deed in favor of John Jones, which deed was recorded. Mr. Jones then assigned the deed to the Appellant herein, and this assignment was not recorded. When the Appel-lees discovered that Mr. Jones’ checks were insufficient, they re-sold the timber to the third-party defendant. 1 The third party paid value for the timber, and proceeded to cut and remove it. Appellant then filed suit against the Appellees…