Abernathy v. Rylee

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 *319defects in the title, including liens and encumbrances, although the defects may have been known to the purchaser at the time of the execution of the deed. Osburn v. Pritchard, 104 Ga. 145 (30 S. E. 656).

“In an action on a general wai'ranty of title to land against the claims of all persons, an eviction or equivalent disturbance by an outstanding…