Kitchin v. . Grandy

This action, instituted to have a trust fund in the hands of the defendant R. H. Smith, properly administered, after the pleadings (87) were filed, was referred to James M. Mullen with the direction, "to hear and determine all matters of controversy in the same arising."

The referee made his report at Fall Term, 1886; so much of his findings of fact as is necessary to a proper understanding of the controversy and the rulings in the court below, brought up for review, is as follows:

On 21 December, 1880, Joseph J. Edmundson, having purchased a tract of land lying in Martin County and described…