Legal Opinion

Calmes v. Carruth

Supreme Court of Louisiana

Decided February 15, 1846Published

Appeal from the District Court of St. Helena, Jones, J. The defendant Carruth, appealed from a judgment rendered in favor of the plaintiffs, declaring them entitled to certain slaves sued for, and allowing them $1296, as damages against him individually. The judgment was in favor of the other defendant. The rule in Shelley’s case, does not apply to wills.

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Appeal from the District Court of St. Helena, Jones, J. The defendant Carruth, appealed from a judgment rendered in favor of the plaintiffs, declaring them entitled to certain slaves sued for, and allowing them $1296, as damages against him individually. The judgment was in favor of the other defendant. The rule in Shelley’s case, does not apply to wills. Fonblanque on Equity, 62, and notes. 4 Vesey, 227. Croke Jas. 590. Noyes v. Richardson, 2 Mass. 63. The word children, is a word of purchase. 2 Atkyns, 220. 3 Mass. 360. Kent’s Comm. lect. 59, s. 4. Doe v. Laming, 2 Burrows, 1100. Read v.…

1Opinion

Same Case. — ON a Re hearing.

It is well settled in courts of equity, that where property has been purchased by a guardian with the funds of the ward, the latter may elect to take the thing purchased, or sue for the money used. So, where a trustee invests trust property or its proceeds in any other property, the cestui que trust has the option of taking the property so purchased, or of holding the trustee personally liable. Oliver v. Pratt, 3 Howard’s Sup. Ot. Reports, 405. Merrick, on the same side. The minors have the right to claim the money, or the property purchased. 2 Equity Digest, 474,…

2Cases cited1 opinion

  1. Clossman v. BarbanceySupreme Court of Louisiana · 1842

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