Legal Opinion

Rossett v. Fisher

Supreme Court of Virginia

Decided July 15, 1854PublishedCited by 26 opinions

Rossett, by deed of trust dated the 12th of April 1844, conveyed certain real estate, consisting of a lot of ground with a brick house thereon, in the town of Ripley, in the county of Jackson, to Joseph Smith, in trust to secure the payment of two single bills, one to Andrew Wilson & Co. for forty-three dollars and seventy cents, dated the same day with the deed, and payable one year thereafter, with interest from the date, and the other to Henry J. Fisher, for one hundred…

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Rossett, by deed of trust dated the 12th of April 1844, conveyed certain real estate, consisting of a lot of ground with a brick house thereon, in the town of Ripley, in the county of Jackson, to Joseph Smith, in trust to secure the payment of two single bills, one to Andrew Wilson & Co. for forty-three dollars and seventy cents, dated the same day with the deed, and payable one year thereafter, with interest from the date, and the other to Henry J. Fisher, for one hundred and fifty-two dollars, dated the 2d of Januarj’ 1844, and to indemnifj’ Fisher as security for costs in the case of…

1Opinion of the Court

MONCURE, J.,

after stating the case, proceeded:

A trustee in a deed of trust is the agent of both parties, and bound to act impartially between them; nor ought he to permit the urgency of the creditors to force the sale under circumstances injurious to the *debtor at an inadequate price. 1 Lom. Dig. 323; Quarles v. Lacy, 4 Munf. 251. He is 1 ‘bound to bring the estate to the hammer,” as has been said by Bord Eldon, “under every possible advantage to his cestui que trusts;” and he should use all reasonable diligence to obtain the best price. Hill on Trustees 479. marg. and the cases cited. He…

2Cases cited2 opinions

  1. Quarles v. LacySupreme Court of Virginia · 1814
  2. Gay v. HancockSupreme Court of Virginia · 1822

3Cited by26 opinions

  1. Fowler v. Lewis's Adm'rWest Virginia Supreme Court · 1892
  2. Hartman v. EvansWest Virginia Supreme Court · 1893
  3. Horton v. BondSupreme Court of Virginia · 1877
  4. Burlew v. QuarrierWest Virginia Supreme Court · 1880
  5. Shurtz v. JohnsonSupreme Court of Virginia · 1877

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