Case v. Goodman

ROY, C.

This is an ejectment for forty acres of land in Andrew county. There was judgment for defendants and the plaintiffs appeal.

On July 15, 1843, Harrison McGrlothling, the then owner, conveyed the land to John Terrell as trustee by deed which was recorded on the same day, “in trust for the use and benefit of her, the said Prances Case, and the heirs of her body.” There was no power of sale given to the trustee, and no words creating an active trust.

Prances Case was married at the date of the above-deed and her husband died in 1887. She died November, 1907. The plaintiffs are the heirs of…