Dean v. Great Northern Nekoosa Corp.

Weltner, Justice.

The Deans by warranty deed conveyed to Baker certain land and “all trees and timber.” Baker reconveyed the land to the Deans by security deed, but expressly excluded from that conveyance the “trees and timber.” Baker then conveyed “all merchantable timber” to Louisiana Pacific Corporation, which was succeeded in interest by Great Northern Nekoosa Corporation.

Baker defaulted on his first loan installment. The Deans next acquired an unqualified warranty deed from Baker and foreclosed Baker’s interest under the security deed.

The Deans filed this action against Great Northern and…