Gaddy v. Mullens

Bill for the sale of lands for division among tenants in common. Decree was rendered granting the relief prayed, from which decree respondent G. W. Gaddy prosecutes this appeal. Said respondent resisted the proceedings, and interposed the •defense that Nancy Malinda Gaddy, the common source of title as to all the parties to this cause, conveyed to him the real estate here involved, in trust for certain purposes therein designated. The validity and binding force of this conveyance — introduced in evidence — is not questioned. Under its terms the trustee was to first pay all taxes and collect…