Furth v. Wyatt
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The facts sufficiently appear in the opinion. It is one of the oldest and most salutary rules of equity that a trustee cannot deal with the trust estate.
Read the full summary
Appeal from the District Court of the Second Judicial District, Douglas County. The facts sufficiently appear in the opinion. It is one of the oldest and most salutary rules of equity that a trustee cannot deal with the trust estate. (1 Williams ■on Ex. 650; 2 Will, on Ex. 938; 3 Will, on Ex. 1842; Stephen v. Beal, 22 Wall. 329-340; Jewett v. Miller, 10 N. Y. 402; Blade v. Van Veehten, 11 Paige 21; Van Epps v. Van Epps, ¡9 Paige 237; Bank of Orleans v. Torrey, 7 Flill 260; Hatuley v. Cramer, 4 Oow. 717; Hill on Trus., sec. 536 h; Miehoud v. Girod, 4 How. 503; Big. on Fraud, p. 244; 6 Yes.…
1Opinion of the Court
By the Court,
Hawley, J.:
This is an action to foreclose a mortgage against the estate of Ann Hannum, deceased.
The only question which the record presents is whether the plaintiff can maintain this action, it appearing that the suit ‘ ‘ is to enforce a claim against the estate', which the plaintiff purchased at the time when he was the administrator of the estate.”
'It is argued by appellant that the administrator could not purchase an indebtedness against the estate, and acquire a valid title thereto.
*182The piwisions of the statute, upon which appellant relies, are as follows : “ Sec. 222. No…
2Cases cited4 opinions
- Boyd v. BlankmanCalifornia Supreme Court · 1865
- In re the Estate of MillenovichNevada Supreme Court · 1869
- Mitchum's Heirs v. Mitchum's AdministratorsCourt of Appeals of Kentucky · 1835
- Rockland Water Co. v. PillsburySupreme Judicial Court of Maine · 1872