Tatum v. Kincannon

KEY, Associate Justice.

—B. B. Kincannon brought this action against E. B. Tatum and his wife, Fannie B. Tatum, seeking to recover upon an alleged breach of a contract of warranty of title contained in a deed made by Tatum and his wife to Kincannon. The plaintiff alleged in his petition that 15 43-100 acres of land covered by the deed did not belong to the Tatums at the time they executed the deed referred to, but was public domain belonging to the State of Texas. It was further alleged that plaintiff had conveyed the land to one J. L. Bird and warranted the title to the same, and that Bird,…