DOLIAN HARRIS, Trustee, v. W. S. LOCKHART, Trustee, et al.
(Filed 28 January, 1935.)
Appeal by plaintiff from Granmer, J., at July Term, 1934, of Dubham.
Affirmed.
This is an action to have certain deeds of trust executed to certain of the defendants by certain persons who are the beneficiaries of the trusts *872imposed upon tbe property, real and personal, lield by tbe plaintiff, declared invalid on tbe ground tbat tbe grantors in said deeds of trust were without power to create liens upon tbe property beld by tbe plaintiffs, by said deeds of trust.
Demurrers to tbe complaint filed by certain of tbe defendants on tbe ground tbat tbe facts stated in tbe complaint are not sufficient to constitute a cause of action on wbicb tbe plaintiff is entitled to relief were sustained, and tbe plaintiff appealed to tbe Supreme Court.
Robert Moseley and Brawley & Gantt for plaintiff.
Bryant & Jones, W. H. Softer, Walter 8. Lockhart, Allston Stubbs, and Sumter Brawley, Jr., for defendants.
Pee Curiam.
In tbe absence of any allegation in tbe complaint tbat tbe execution of tbe deeds of trust referred to therein was procured by fraud, or of any allegation of other facts upon wbicb tbe plaintiff would be entitled to equitable relief, tbe facts stated in tbe complaint are not sufficient to constitute a cause of action. There are no allegations in tbe complaint on wbicb tbe plaintiff is entitled to relief in this action. In each of tbe deeds of trust referred to in tbe complaint tbe grantors convey only their undivided interest in tbe property described therein. Tbe legal effect of tbe deeds of-trust cannot be determined in an action to have tbe deeds of trust declared invalid.
For this reason tbe judgment dismissing tbe action is
Affirmed.