Smith v. Peoples Bank & Trust Co.

The deed of November 27, 1946, contains a representation that defendant in its capacity as trustee under the will of C. G. Shearin owns and conveys four undivided one-sixth interests in the land described therein. The source of C. G. Shearin’s title to each undivided one-sixth interest is stated. The ownership of the undivided one-sixth interest referred to in the deed as having been acquired by C. G. Shearin “under the Will of G. T. Shearin,” was in controversy in the Nash County special proceeding.

Presumably, the judgment in the Nash County special proceeding is based upon an interpretation…