People ex rel. Adams v. Sigel

Under the peculiar circumstances of this ease it cannot but be that the relator is entitled to have the mortgages satisfied of record.

There is but one acting trustee; the other is and has been absent abroad for many years. The relator was entitled to pay the mortgages, and the resident acting trustee was right in receiving the money. In so doing he was acting under powers incident to the trust.

The facts of the case indicate a concurrence of the absent trustee in the action of the resident trustee. Whether or not he be personally liable for the moneys received by the co-trustee, under the…