Charles v. Dubose
Supreme Court of Alabama
Appeal from the Chancery Court of Marengo.' Heard before the Hon. Wade Keyes. This bill was filed by the appellant, Hopkins G-. Charles,, in November, 1852, to compel a settlement and account of a deed of trust, which was executed by one Isaiah Dubose on the 14th October, 1842, to James H. Dubose as trustee, to protect and secure certain creditors and sureties.
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Appeal from the Chancery Court of Marengo.' Heard before the Hon. Wade Keyes. This bill was filed by the appellant, Hopkins G-. Charles,, in November, 1852, to compel a settlement and account of a deed of trust, which was executed by one Isaiah Dubose on the 14th October, 1842, to James H. Dubose as trustee, to protect and secure certain creditors and sureties. Complainant and said James H. Dubose were bound, with others, as sureties for said- Isaiah Dubose, on a large debt to Clement D. Wallace, of South Carolina, which was there reduced to judgment, against all the parties except James H.…
1Opinion of the CourtWalker, J.
In many of the adjudged cases there may be found loose expressions, to the effect that the purchases of trustees are void — that a trustee cannot purchase at Ms own *370sale, and that a purchase by a trustee will be deemed to have been for the benefit of the cestui que trust; but the point of law actually recognized and decided in most (if not all) of those cases, is, that the purchases of trustees are voidable at the option of the beneficiary. The law is thus laid down in Campbell v. Walker, 5 Vesey, 680: “ Any trustee, purchasing the trust property, is liable to have the purchase set aside, if…
2Cases cited5 opinions
- Read v. WalkerSupreme Court of Alabama · 1850
- McLane v. SpenceSupreme Court of Alabama · 1844
- Creagh v. SavageSupreme Court of Alabama · 1846
- Jones v. CowlesSupreme Court of Alabama · 1855
- Cunningham's Adm'r v. RogersSupreme Court of Alabama · 1848
3Cited by27 opinions
- Garland v. WatsonSupreme Court of Alabama · 1883
- Lucas v. OliverSupreme Court of Alabama · 1859
- Calloway v. GilmerSupreme Court of Alabama · 1860
- Foxworth v. WhiteSupreme Court of Alabama · 1882
- Bibb v. PopeSupreme Court of Alabama · 1869
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