130 Ga. 82 | Ga. | 1908
The plaintiff claims under a deed from J. W. Smith. It was shown that at the time of the execution of the deed under which the plaintiff claims, he had notice of a prior deed executed by his grantor to Moses G. Sirmans, through whom the defendant claims. The prior deed was an ordinary warranty deed conveying land, but reciting: “It is especially understood that the sawmill privileges is sold from fourteen inches up.” This recital does not suggest an intention to reserve any interest. Whatever may be said of the effect of the recital upon the subject of notice to the grantee that a sale of the timber had been made to some one else, it does not purport to reserve to the grantor the timber or any reversionary interest therein. The timber is a part of the land (see Corbin v. Durden, 126 Ga. 429 (55 S. E. 30)) ; and a conveyance of the land, without any reservation, conveys •the timber growing thereon. By resorting to the deed as a whole
Judgment affirmed.