Smith v. White

Williams, Judge:

This suits was brought by Will M. Smith, grantor, against M. Z. White, grantee, and the United Thacker Coal Company, to enforce a vendor’s lien on a tract of 688.5 acres of land. Smith conveyed the land to White on August 7, 1907, in consideration of $42,000.00, only one-third of which was paid in cash, and covenanted against encumbrances. Although ostensibly the owner, White purchased for the United Thacker Coal Company and holds the title to the land as trustee for *378it. They both answered, averring a breach of the covenant because of certain easements upon the land, created…