Savage Bros. Timber Co. v. Cozad

Staoy, O. J.

While the record in this case is quite voluminous, the questions presented fall within a very narrow compass. In fact, it is practically conceded that the case pivots on two exceptions.

On 11 October, 1906, the Hiawassee Lumber Company conveyed certain lands, covered by what is known as the Olmstead Grants, to J. C. Angier by deed containing the following general exception:

“Excepting from tbe operation of this deed 1,488 acres lapped by certain grants for land in Clay County issued to one W. II. Herbert, which are now in litigation in two suits pending in the Superior Court of Clay…