Abernathy v. Rylee

209 Ga. 317 (1952)

72 S.E.2d 300

ABERNATHY

v.

RYLEE et al.

17885.

Supreme Court of Georgia.

Argued June 9, 1952.

Decided September 2, 1952.

Telford, Wayne & Smith, for plaintiff in error.

Stow & Andrews, J. B. G. Logan, H. W. Davis and Jack S. Davidson, contra.

HEAD, Justice.

In the present case the deed under which the plaintiff claims title to the timber contains a provision warranting the title to the plaintiff "against the claims of all persons whomsoever." Such general warranty of title in a deed covers defects in the title, including liens and encumbrances, although the defects may have been known…