Tull v. Fleming Bros. Lumber & Manufacturing Co.

On June 30, 1944, Mrs. Caroline V. Tull sold, by written contract, to Fleming Brothers Lumber & Manufacturing Company, a corporation, hereinafter referred to as appellee, all of the timber located on two certain tracts of land in Accomack county, Virginia, for the sum of $3,000 cash. The contract of sale gave the appellee the right to cut and remove the timber within two years from the date of its execution. It contained the following covenants and warranties:

“And the said party of the first part covenants to and with said party of the second part, that she is seized of said premises in fee;…