Campbell
Campbell v. Sheldon
Opinion
Lead Opinion
Crockett, J.
— It appears from the complaint that the trustee, Mowe, had authority to sell the trust property for the payment of the trust debts; and that in the due execution of the trust he sold the land specified in the complaint to the defendant Carroll. It is not alleged that the trustee exceeded his powers, or that the sale was for an inadequate price, or was in any respect unfair or fraudulent. The effect of the sale was to vest the title in Carroll, discharged of the trust. The sale from Carroll to Martin is not alleged to have been in any respect fraudulent; and as the title was fairly in Carroll discharged of the trust, it is not perceived what interest the plaintiff had in any disposition Carroll might see fit to make of it. If Martin purchased it, with the understanding that Sheldon or his wife might have the benefit of any advance there might be in the value of the property, the plaintiff was not thereby injured; because the land, by reason of the sale to Carroll, was exonerated from the trust; and the plaintiff had no longer any interest in it. If Martin had chosen to do so, no reason is perceived why he might not have given the land or its proceeds to Mrs. Sheldon, or sold and…