Felts v. Whitaker

C. H. Whitaker sued G. M. Felts for breach of warranty in a deed to real estate, on charges that Felts had no title at the time of the conveyance, but that the real and paramount title stood in another.

It appears from the petition that on February 4th, 1927, the parties exchanged lands, estimating the value of each tract to be the same. Whitaker's property was situated in Tarrant County, and that of Felts in Bell County; the latter consisting of 34 acres of timber land, none of which was subject to cultivation. Each of the parties represented to the other that he had good and merchantable…