Missouri Court of Appeals May 25, 1908 (Carroll v. Woods)

JOHNSON, J.

Plaintiff, claiming to be tbe trustee of an express trust, sues to recover a part of the trust fund which, he alleges, is in the possession of defendants and is being wrongfully detained by them. He had judgment in the court below and the case is here on the appeaL of defendants.

The evidence introduced by plaintiff discloses the following state of facts': In 1899, O. E.