Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-31
SUPREME COURT.
Condensed Decisions, Reported for
the Memphis Appeal by H.
Clay King, Esq.

Clay King, Esq.
No. 80. Thomas j. Watkins vs.. Jo-
seph Specht, ct al.
The bill in this cause was filed by
the complainants as children and heirs
of Mildred b. Watkins, deceased,
| some of whom are minors, for the
purpose of declaring void and setting
| aside a deed of real estate made by
Mildred B. Watkins, T.. +. Watkins
her husband, and the trustee OF the
property, to certain real estate in which
the said children had an equitable in
terest, and to declare void certain pro-
| ceedings had in the Circuit Court of
| Shelby county for the sale of said read
estate. ThecomplainantS are the only
| surviving children and heirs OF Edwin
| f. Watkins and Mildred b. Watkins
his wife, both of whom died before
the filing Ofthis bill. Blythe last Will
and testament of Lucy Quarles, of
Virginia, n fund was b~equeathed for
| the use of Mildred b. Watkins for her
life, and at her deceaSe to 90 to her
| children, and one William Q. John
son was appointed by the Chancery
| COurta at Fredericksburg, Va, a trustee
to hold said property upon those trusts.
In the year 1873, the trustee, William
| q. johnson, with 4 portion of the trust
| fund, purchased from one Goodman a
tract of land in the city Of Memphis.
The deed from Goodman conveys the
premises to the said William Q, John
son, his heirs and assigns, to his and
their use, benefit and behOOf. 1t re-
cites the bequest made by Lucy
Quarles, the appointment of Johnson
| as trustee, and declares that this con-
vevance is made in trust for the use
! and benefit of the said Mildred j.
| Watkins for life, and at her death to
become the property in fee simple OF
| the heirs of her body. In June, 1915,
the Circuit Court of Shelby county,
upon the er p0Tfe petition of Edwin
f. and Mildred B. Watkins, to which
no other persons were parties, show
ing that William q. Johnson was de
ceased, made an order appointing Da-
yid T. johnson trustee of said proper
| ty in his place. On the first day Of
| November. 1880, David II. Johnson,
the trustee, together with Edwin +.
Watkins and Mildred 3. Watkins by
AtNttl, lOI ZIG CDl-AAlCl 4liOl vi +tyNf5
conveyed the premises in question TO
| Alexander Patterson. This deed re-
cites the trusts of the former deed, the
| decease of William q. johnson, and
| the appointment of David i. Johnson
as his successor In the trust, and con
| tains a covenant of warranty of title
on the part Of the grantors. Patter-
son took immediate possession under
| this deed, and the possession has re-
manned in him, and in his grantees
from that time. On the 18th day of
| September, 1852, Alexander Patterson
| sold the entire premises purchased by
| him as above stated. to David Cock
rell, who afterwards cOnN6yea q Dor
| ton of the premises to the defendant,
| Joseph Spechr, who is now in posses
| sion, claiming title thereto in fee.
In January, 1851, upon the &c pdTfe
petition of David I. johnson, the
trustee, Edwin i. Watkins and Mil
dred 3. Watkins, and such Of their
children rs were then in being, the
Circuit Court Of Shelby county made
an order referring it to the CLERK of
that Court to take proof and report
whether it would be manifestly to the
interest of Mrs. NJ. b. Watkins and
her children to sell said real estate,
| and what was its value. Upon the
| coming i'm and confirmation of the
Clerks report to the january term,
1852, n decree was made that the said
David I. johnson have full power and
authoFiiyt1 sell said property publicly
or privately for not icss than 5000, and
that he invest the proceeds IN slaFe5
upon the same trusts upon Which the
End bad been held. David I. john
son, trustee, reported to the May term,
1856, of said Circuit court, that he did
as directed in said decree sell said lots
20 Alexander Patterson for the sum of
5000 cash, and that he invested the
said sum ia seven slaves, subjecttO the
same uses and trusts as the said leta,
and tbeFeupon the Circuit Court CON
firmed the report of sale of lots and
the purchase Of negroes, diyRsted all
the right, title. claim and interest Of
Mildred b. Watkins and her children
and of David r. johnson, trustee, in
and to said lots out of them, and vest
ed the title i'm said Alexander Patter-
son in fee. 1t was further ordered
that said trustee make the necessary
conveyance of the lots to said Patter-
son, "Or If the conveyance has al
ready been made by the said David
L. johnson, as trustee, TO the said All
eXander Patterson, that it Il i'm all
things confirmed" The bill In
THIS cause sets forth the above
facts, charges that the proceedings in
the Circuit Court for the sale Of the
land were fraudulent and void, and
prays that the c%omplainants be de-
clared to be the owners of said lots;
trustee, and i. +. and Mildred =, |
WATKINS tG Patterson, as well as the
proceedings had in the Circuit Court
Tor the sale of the premises be decl9red
void, for possession of the premises,
and an account of rents and profits.
The principal question III this case
arises upon the construction Of the
deed from Goodman to William Q.
Johnson as Trustee, in 1913; and the
inquiry Is, wnat estate said Johnson
took under that deed. That deed con-
veys the premises in question to said
William Q. johnson, his heirs and as
to his and theironl proper use,
and behqQf forever. 4
This conveyance is nevertheless made
in trust and for the use and purpose
hereipafter mentioned and declared,
and none other; that is TO say: where
as, Lucy Quarles heretofore devised in
for the use OF Mildred II. Wat
kins for life, with remainder in fee to
her the said Mildred b. Watkins chill
lren, a certain legacy, and the Chan-
cery Court at Fredericksburg, Spott-
sylvania county, Va, appointed at q
late term of said Court the said VIM.
Q. johnson trustee of the fund thus
devised; and whereas, the said VIM.
.. Johnson being DESTROYS of securing
aid fund in a safe and useful manner
or the benefit of said Mildred and
ler children, and believing it most to
he interest to invest out Of the same 1
he said sum of eight hundred and {
eighteen dollars in one purchase of ]
'eal estate, has purchased the aforesaid
property hereby conveyed out of said I
und: Now, therefore, this indenture {
Yitpesseth, that in consideration of :