Carter's Administrator v. Quillen

Opinion oe the Court by

Judge Rees

Affirming.

R. J. Carter instituted this action to recover the sum of $2,500 alleged to be due for a breach of warranty in the sale of certain timber. Carter died during the pend-ency of the action and it was revived in the name of his administrator.

By deed dated March 7, 1927, E. G-. Quillen and Dr. E. M. Corns and their wives conveyed to Carter, with covenants of general warranty:

“All the merchantable timber standing or being on all those certain seven (7) adjacent parcels or tracts of land, situate, lying and being in Letcher County, State of Kentucky, on the…