Kenaday v. Waggaman
District of Columbia Court of Appeals
Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a petition for an allowance of a portion of a fund in the hands of court trustees, being the proceeds of the sale of land.
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Hearing on an appeal from a decree of the Supreme Court of the District of Columbia, holding an equity term, dismissing a petition for an allowance of a portion of a fund in the hands of court trustees, being the proceeds of the sale of land. The Court in its opinion stated the case as follows: The question presented on this appeal would seem to be a very simple one, and such as only to require the statement of what has been decided on this particular record, to make a final determination of it. The case out of which the present application has grown' has been a long time pending, and has…
1Opinion of the CourtChief Justice Alvey
It is difficult to perceive upon what principle of law or equity the contention of the appellant can be sustained. The sale made by Green to the appellant was vacated and set aside, because the proceeding and conduct of Green operated as a fraud upon the cestui que trusts. The sale was set aside for their relief, and the effect of setting the sale aside was that the beneficiaries were not to be in any manner bound or affected by such sale. The cestui que trusts and their rights thence stood as if ‘such sale had never been made. But such would not be the effect of vacating the sale, if the…
2Cases cited1 opinion
- Kenaday v. EdwardsSupreme Court of the United States · 1890