Gillen v. Powe
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Southern District of Alabama; Harry T. Toulmin, Judge. Action by William H. Gillen against Harry A. Powe. Decree for the defendant, and plaintiff appeals.
1Opinion of the Court
WALKER, Circuit Judge.
[1] The averments of the bill show that the appellee, Harry A. Powe, bought and paid for only the land described in the deed to him, and that it was not the intention of either of the parties to that instrument that it should convey or affect the timber on that land, which it was well understood then belonged to a third party. The deed to the appellee’s grantors, as it was framed, had the effect of misdescribing the property which was intended to pass, in that the covenant of warranty which it contained on the face of it would operate to vest in the grantee, or in his…
2Cases cited3 opinions
- Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912
- Jones v. McNealySupreme Court of Alabama · 1903
- Greer v. WatsonSupreme Court of Alabama · 1911
3Cited by1 opinion
- Sims v. RigginsSupreme Court of Alabama · 1917