Paul v. McGahan

The plaintiffs brought this action in equity to establish a constructive trust on lands owned by William McGahan at the time of his death; to set aside a conveyance made by the plaintiffs to Bryan T. McGahan, administrator with the will annexed and an heir of the deceased, which conveyance plaintiffs charge he procured by fraud and misrepresentation; and to appoint a testamentary trustee to carry out the provisions of the will of William Mc-Gahan, deceased.

For the purposes of this appeal the plaintiffs’ amended petition alleged facts upon which they based their contention that a constructive…