FANNING, Justice.
Hampton, Kennedy and Hampton Lumber Company sued H. E. Lane for $1,400 on the covenant of general warranty in a timber deed, alleging that Lane sold the company, under general warranty of title, the merchantable pine timber, seven inches and over at the stump, situated and growing on the East one-half of Block No. 1 of W. Edmondson Survey in Cass County, Texas, and alleging that Lane had no title to the land and timber in question.
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