Smoky Mountain Railroad v. Paine Oil Co.

OPINION

TODD, Judge.

This is a receivership wherein Walter Runyon (hereafter called the petitioner) filed an intervening petition asserting title to certain land claimed by John B. Waters, Sr., receiver, of Smoky Mountain Railroad, a corporation. From the Chancellor’s ruling favorable to the petitioner, the receiver has appealed.

There is no dispute as to the material facts.

On January 17, 1910, J. M. Hardin, petitioner’s predecessor in title executed to W. J. Oliver, the receiver’s predecessor in title, an instrument, the material provisions of which were as follows:

“THIS INDENTURE, executed…