Burwell v. Farmers & Merchants Bank

1. The supplementary decree of the United States court, made after the hearing before the trial judge and before his decision, was not material to the decision of any question then before him.

2. Under the Civil Code, §3172, a trustee in whom is vested the legal title to land, but to whom the deed gives no power of sale, can not, without an order of court, sell such land without the consent of all the beneficiaries.

3. Where by a decree of a United States circuit court a commissioner is appointed and directed to sell a certain manufacturing establishment, and before the sale certain bondholders…