Mann v. Smith

Complainant’s suit was dismissed by the chancellor, on the demurrer of the executor, and she has appealed. The executor has filed the record for writ of error, to review the action of the chancellor in overruling certain grounds of. his demurrer.

The bill discloses a former suit in which W. L. Smith, executor, the defendant herein, sued Mrs. Mann to recover a fund of $3500' as the property of his testator, M. G. Smith, deceased,' on the theory that the fund had been delivered to her by M. C. Smith, in his lifetime, in trust “for a particular purpose,” and that she appropriated it to her own…