Sappington v. Boly

Judge Birch

delivered the opinion of the court.

To secure the payment of certain moneys to become due to the appellee, the appellants executed to him an unsealed instrument of writing, purporting to convey to him, in trust, certain lands, which, in default of *568payment; he was authorized to sell, and appropriate the proceeds; in payment of the debt they owed him;

S'ome years afterwards, Boly proceeded to sell the land pursuant to the term's of said instrument—becoming himself the purchaser. Being advised; however, that a purchase thus made by himself was invalid; he advertised the land anew, and…