German American Seminary v. Kiefer
Michigan Supreme Court
Appeal from the Superior Court of Detroit. Bill for accounting. Dismissed. Complainant appeals. Trustees cannot rightfully put themselves in a position where their interests will be adverse to the beneficiary. Jackson v. Ludeling' 21 Wal. 625; Letter of Sewell, Yanderpoel and Bennett, 9 Chic. Leg. News, 81; Ingerson v. Starkweather Wal.
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Appeal from the Superior Court of Detroit. Bill for accounting. Dismissed. Complainant appeals. Trustees cannot rightfully put themselves in a position where their interests will be adverse to the beneficiary. Jackson v. Ludeling' 21 Wal. 625; Letter of Sewell, Yanderpoel and Bennett, 9 Chic. Leg. News, 81; Ingerson v. Starkweather Wal. Ch. 346; Glide v. Barron 2 Mich. 192; People v. Overyssel 11 id. 222; Flint & P. M. By. v. Dewey 14 id. 477; Wardell v. Union Pacific B. B. 4 Dill. 320; where the defendant is not placed in any different position by lapse of time, it will not be considered,…
1Opinion of the CourtCooley, J.
The bill in this case is filed to compel the defendant to account for moneys which it is claimed are held by him in constructive trust for the complainant. The record is somewhat voluminous, and the evidence conflicting, but it will be sufficient for the purposes of this decision to state the facts as we find them established by the evidence or by the admissions of the parties.
In January, 1865, complainant was owner of a considerable body of pine lands in the county of Midland in this State, and was desirous of selling them. The official board of the seminary at that time consisted of Julius…
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