Fitzpatrick v. Hoffman

Plaintiff, a lumberman, purchased from one Maltby several 40-acre lots. One of these lots was claimed Toy the defendant, and also by one Thompson. Before the •dispute over the title arose, plaintiff had cut nearly all of the timber, and sold it to the H. M. Loud & .Sons Lumber Company. Defendant appears to have convinced plaintiff of the validity of his title, and. he executed to him a warranty deed, the express consideration of which was 4200. Thompson afterwards sued the lumber company in *230trover for the value of the timber cut from this land* His right, of recovery depended upon his title…