Yarbrough v. Yarbrough

This is an ejectment suit to recover a small parcel of land in Montgomery county, tried before the circuit judge without a jury. There was a judgment below for defendant, from which the plaintiffs appealed in error to this court.

The facts are not in dispute. Prior to July 28, 1905, Alex Yarbrough was the owner of a farm of three hun*224dred eighty-eight acres known as the B. W. Ussery home place. On July 28, 1905, he conveyed one acre of this land to certain trustees, by deed as follows:

“For the purpose of public worship, I, Alex Yar-brough, have this day donated and do hereby transfer and convey…