Waddington v. Banks

MARSHALL, Circuit Justice.

This is an application to this court to direct a trustee to execute a trust by selling property on which several different claims are asserted. Before such an order can be made, the court ought certainly to be satisfied of the title of the trustee. The lands conveyed in trust were originally part of a larger lot, the property of James Currie, by whom it was sold and conveyed to Hunter. Banks & Co. By Henry Banks, the agent and surviving partner of Hunter. Banks and Co. this lot was divided into smaller parcels, one of which was sold to Nelson, Heron & Co., and…