Klias v. Conley

216 Ga. 832 (1961)

120 S.E.2d 306

KLIAS

v.

CONLEY.

21200.

Supreme Court of Georgia.

Argued March 13, 1961.

Decided May 22, 1961.

Edwin L. Sterne, Louis A. Peacock, for plaintiff in error.

Lippitt & Lippitt, contra.

QUILLIAN, Justice.

1. Where, as here, uncontradicted evidence shows that all pine timber growing on a tract of land was sold prior to the execution of a deed which created a remainder interest in the plaintiff, and the evidence further shows without question that the plaintiff had knowledge of the sale, the remainderman took no interest in that timber, and could not complain of waste because…