INDEX. 597

TRESPASS— Continued.

ruinous and irremediable. Georges Cresk Coal and Iron Company vs.
Detmold, 371.

2. But an injunction is not granted to restrain a mere trespass, where the
injury is not irreparable and destructive to the plaintiff's estate, but
is susceptible of perfect pecuniary compensation, and for which the
party may obtain adequate satisfaction in the ordinary course of law.
J6.

TRUST.

S« LIMITATIONS, STATUTE OF, 2, 3.
RBSCLTIMG TRUST.
SECRET TRUST.

LIABILITY or CORPORATIONS ON TRANSFERS OF THEIR STOCK, 2 to 4.
TRUSTEE IN INSOLVENCY.

1. It is the right and duty of the trustee in inaolvency, to sell the mort-
gaged property of his insolvent, and pay on" all the liens and incum-
brances thereon. Bank of Westminster vs. Whyte, 536.

2. Though the transfer made to secure a debt, is in the nature of a trust,
still it is the duty and the right of the trustee in insolvency, to dispose
of the property. 16.
TRUSTEES, THEIR DUTIES AND POWERS.

1. A trustee for the sale of lands under a decree of a court of equity, is the
mere instrument or agent by whose hands the court acts, and the sales
made by him, are, in fact, the sales of the court. Small vs. Costigvn,
208.

2. The court has the incontestible power to pass an order, directing the
trustee to bring the proceeds of sale into court, to be disposed of under
its direction. Ib.

3. The court is not disposed to look with favor upon the appropriation by
its trustee of the proceeds of sales without its previous authority, and.
such conduct will be viewed with especial jealousy where married
women and children are concerned, and the property or fund raised
by the sale, is subject to marriage settlements, designed for the sup-
port of families. Ji>.

4. When a trustee, appointed by this court to sell property and bring the
proceeds in to be disposed of under its orders, disburses money without
competent authority, he will be chargeable as if the money was in
hand. Green va. Putney, 262.

5. This principle cannot be applied with the same rigor to a trustee acting
under a deed, giving express authority to pay debts. 16.

6. Nor does the fact that such a trustee applies to a court of equity for its
direction and assistance in the execution of his trust, place him in the
predicament of a trustee of the court's appointment, with powers limit-
ed and defined by the decree. Ib.

7. If such trustee thinks proper himself to disburse the fund, he cannot be
called upon to bring it into court, unless the disposition which he has
made of it, is shown to be improper. III.

Set LUBIUTT OF CORPORATIONS ON TRANWIERt OF THC1R STOCK, 2 to 4.