Willbanks v. Byrd-Matthews Lumber Co.

1. A deed conveying a described tract of land contained, at the conclusion of the descriptive clause, the following provision: “This deed does not convey any timber rights held by the said M. A. Westmoreland” (the grantor). Held, that the title to none of the timber passed to the grantee, but remained in the grantor. Shaw v. Henderson Lumber Co., 141 Ga. 77 (3) (80 S. E. 322). The burden of proof being upon the plaintiff who relied for title upon a deed, containing a *751provision as set out above, the judge did not err, in the trial of an action of quare clausum fregit, for damages for cutting…