Ford v. Boyd

JAMES D. CLEMENS, Special Judge.

This is a suit by plaintiffs, thirty-five lot owners in a subdivision, for removal of the two defendants as trustees under a restriction indenture covering the subdivision. The trial court granted the relief prayed and appointed two successor trustees, and the defendants appeal. The issue here is whether the conduct of defendants warrants their removal as trustees. The case is here for trial de novo and we must weigh the evidence ourselves, but will be inclined to defer to the findings of the trial court on close issues of conflicting evidence. Cleary v.…