Poe v. Poe

GIBSON J.

Plaintiff in the trial court (defendant in error here) is the son of defendant M. M. Poe and the brother of defendant Colbert Poe. In his petition plaintiff alleged that he was the equitable owner and in possession of certain described real estate in Pitts-burg county, subject to specified encumbrances; that the record fee-simple title to the land was vested in defendants by virtue of deed dated April 24, 1950, but in truth and in fact the said defendants merely held the record title in trust for plaintiff. It is further alleged that on said date plaintiff was to purchase the land…