Crutchfield v. Haynes
Supreme Court of Alabama
Error to the Chancery Court of Benton. Before the Hon. W. W. Mason, Chancellor. The bill, which was filed by the plaintiff in error, alledg-es, that on the 5th October, 1839, the defendant Haynes, executed a deed of trust, the defendant Houston being the trustee.
Read the full summary
Error to the Chancery Court of Benton. Before the Hon. W. W. Mason, Chancellor. The bill, which was filed by the plaintiff in error, alledg-es, that on the 5th October, 1839, the defendant Haynes, executed a deed of trust, the defendant Houston being the trustee. The deed recites, that Haynes was indebted to Crutchfield in the sum of $2,507. That part of this sum was secured by a previous deed of trust, executed by Haynes to one Hoker as trustee, to secure that and other debts, due to other persons, which are described. The deed conveyed certain slaves, houses and lots, and other property.…
1Opinion of the CourtDARGr An, J.
A trustee cannot, by buying the trust estate, under a prior mortgage, lien, or incumbrance, acquire a title'adverse to his cestui que trust. 5 John. Ch. Rep. 409; 4 Paige’s Rep. 578; 6 Dana, 176; 10 Ala. Rep. 185. But it is equally true, that a trustee is clothed with all power necessary to protect the trust estate, and may discharge a prior incumbrance for the benefit of the estate; and will be entitled to be re-imbursed out of the proceeds of the trust property. See 10 Ala. Rep. 185. If this were not the law, a trustee could not protect the trust property for the benefit of the cestui qiie…
2Cases cited6 opinions
- Lee v. FoxCourt of Appeals of Kentucky · 1838
- Harrison v. MockSupreme Court of Alabama · 1846
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Chilton v. Robbins, Paynter & Co.Supreme Court of Alabama · 1842
- Philips v. GraySupreme Court of Alabama · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. FrybergerSupreme Court of Minnesota · 1906
- Colbert v. DanielSupreme Court of Alabama · 1858
- Irby v. KitchellSupreme Court of Alabama · 1868
- Mooney v. ParkerSupreme Court of Alabama · 1851
- Heald v. Michigan Trust Co.Michigan Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.