Sams v. Sampson

STEWART, Justice.

This suit was brought' by the children and grandchildren of H. G. Sams and Sarah Sams, both deceased, to obtain division of their alleged one-half undivided interest in a certain tract of land, consisting of 111.5 acres, lying on Bell Fork of Stinking Creek in Knox County.

Appellee, F. D. Sampson, by special demurrer pleaded defect of parties, averring that he and his wife had on December 21, 1918, conveyed the tract to John G. Noel and Leslie W. Morris, trustees, upon certain trusts for himself and them and that -Noel had died intestate in 1941. Appellants were permitted to…