111 Ala. 658 | Ala. | 1895
One J. D. Calloway, by written instrument, did thereby “lease to said Milliken all the pine timber growing on the following lands, viz. : [describing them] , for the term of three years beginning on the first day of boxing and ending on the ..............” Milliken did not record this agreement. Subsequently, J.D. Calloway sold and conveyed by absolute deed to the respondent the same lands for a valuable consideration. At the time of his purchase and payment, Faulk had no notice, actual or constructive, of the agreement between Calloway and plaintiff Milliken,
Affirmed.