McNABB v. SMITH


229 S.W.2d 345 (1950)

McNABB v. SMITH et al.

Supreme Court of Tennessee.

April 29, 1950.


Attorney(s) appearing for the Case

Raymond A. Graham, Jasper, Paul Swafford, Jasper, for appellants.

A. F. Sloan, South Pittsburg, Tenn., for appellee Perkins.

J. D. McClarney, Jasper, for appellee, George Smith.


GAILOR, Justice.

By the original bill in this cause filed October 19, 1948, James Calvin McNabb, a minor, suing by next friend, sought to set up a resulting trust in certain real estate in Marion County, which is described particularly in the original bill. The basis of the suit was that by fraud, defendant Perkins had acquired the funds of the minor from the hands of his guardian, and procured the real estate which is the subject of the litigation. The other defendants...

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