Supreme Court of South Carolina March 10, 1884, No. 1530 (Scarborough v. Spencer)

Opinion by

Mr. Chief Justice Simpson,

*583This was a controversy submitted without action, raising the question whether defendant was bound to perform his written agreement-with plaintiff, as trustee, to purchase a certain tract of land. The land had been conveyed to the plaintiff and his heirs in trust to pay from the rents, &c., a debt to J. and certain mortgages, and then from the income, <fcc.