Joyner v. Futrell.

This is an action to recover real property. Both parties claim, either mediately or immediately, under tbe will of James McDaniel, tbe land in controversy known as tbe “eastern portion of the Marsb Tract” devised in tbe first item of tbe will to A.' J, Harrell, trustee for Rebecca Blythe, during ber life and at ber death it was devised to James Bryant, and tbe other portion of tbe tract was devised in tbe second item to M. F. Joyner, tbe plaintiff. In tbe third item it is/ provided that if Bryant or M. F. Joyner, tbe plaintiff, should die without heirs of bis body, tbe survivor should have…