Russell v. Belsher

Appellant brought this action against appellees to recover damages for alleged breaches of covenants in the conveyance of a 40-aere tract of land in Choctaw county, that is, a conveyance of the standing timber on the tract. The case went to the jury on two counts of the complaint, count 1 charging a breach of the covenant of seisin, count 2, a breach of the covenant of a right to convey. Plaintiff’s deed contained the covenants alleged. Plaintiff’s evidence disclosed an outstanding conveyance by one Gray, or his personal representative, to the Allison Lumber Company at the time of the…