W. S. Huselton & Co. v. Durie

Garrison, V. C.

The separate cross-bills are practically, and for the purposes of this decision actually, identical, and will be dealt with as if one.

They aim to reach real estate which- — or the proceeds of the sale of which — John Durie was entitled to under his mother’s will, and which real estate he caused the executors of his mother’s will, who had the title and the power to convey it, to convey to him and his wife.

The cross-complainants contend that as to them the wife holds *438as a trustee. They plead judgments against the husband, but do not allege the date of the deed, or that executions…