Foster v. Dey

The opinion of the court was delivered by

Reed, J.

James R. Dey and James C. Dey were trustees under a deed made by Richard Dey, dated October 1st, 1845. A mortgage for $7000, made by William H. and Edward W. McClave, was assigned to one Gilbert, and by Gilbert to these trustees. James C. died December 13th, 1865, leaving James R. the sole surviving trustee. As such, he assigned this McClave mortgage in January, 1868, to the appellant, James T. Foster. A bill was filed to compel an account from James R. Dey, the trustee, and also to compel Foster to deliver up the said mortgage for the benefit…