The object of this suit is to re move cloud from the title to a tract or parcel of lanu containing one hundred ‘100’ acres, be the same more or less, part bused by L G. Atkins from Myrtle Mc Daniel and husbana. by deed dated the 15th day ol June. 1951. and recorded in the Clerk's Office of Cumberland County in Deed Book 90. page 140. and being the tame property conveyed to Myrtle McDaniel by deed ciaiecl the 28th day of ,October. 1922. from W ’... Jackson, widower, of record in the Clerk's Office ol Cumberland County in Deed Book o. page 45!: At the date of the aforesaid deed from Willis Jackson, widower, to the said Myrtle McDaniel, there was of record in the Clerks Of fice of Cumberland County. Vir- j ginia, a deed from the said Willis Jackson to A. B. Armstrong, as trustee, conveying the aforesaid property in trust foi the benefit of the wife of Willis Jackson for her life and at her d< util to go to the children of their marriage, said deed being on record in Deed Book 38. page 371. The intention of the deed from Willis Jackson. ; widower, to Myrtle McDaniel was , intended to convey the interest! of all the children of Willis Jack- ! son and his then deceased wife and that the proceeds from the sale were actually distributed among those heirs and that the failure of the aforesaid heirs to j sign the aforesaid deed was only j through ignorance ol the fact that they were necessary parties. ; And further, that oy a certain j deed dated the 6th day of March ! 1891, of record in the Clerk’s Of fice of Cumberland County in ; Deed Book 36, page 263. one R S. Paulette conveyed to Willis Jack- j son the aforesaid tract or parcel j of land: said R. S. Paulette con- | veyed aforesaid land as the "sur- j viving partner of the partnership known as Hilliard and Paulette'' This deed of R. S. Paulette did not purport to be a conveyance by him in the partnership name but it was conveyed by him in his individual capacity of surviving partner. Therefore the compain ants are of the opinion that the deed from R. S. Paulette, afore- i said described, was not sufficient to convey the interest held by the other partner, James B. Hilliard, in the aforesaid property.

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