Mizell v. Carter

Carleton Harris, Chief Justice.

On December 19, 1967, appellees Garner and Mildred Carter, husband and wife, executed a deed to appellant Hervey Mizell and his wife to a tract of land purporting to convey 10.38 acres, which deed was thereafter duly recorded on January 10, 1968. On April 25, 1972, the Carters executed a deed to Wanda Hyatt, one of the appellees herein, to the northerly 3 1/2 acres of the land which had been deeded to Mizell, this deed being subsequently recorded. Thereafter, at various times, Mrs. Hyatt’s husband took a dozer upon this 3 1/2 acre tract, removing vegetation and…