Lyttle v. Johnson

Opinion of the Court by

Judge Thomas

Reversing.

In his petition, appellant, who was the plaintiff below, averred that on the 18th day of February, 1889, his mother conveyed certain realty described by metes and bounds to his sister, Bertha D. Lyttle. Although the deed was one of general warranty absolute on its face, appellant alleged that his sister took it on the distinct understanding, agreement, promise and contract with her mother to hold the land conveyed, in trust for the appellant and his brother,'Roscoe Lyttle, both of whom were at that time infants. Later and on August 29th, 1902,…