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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 593   View pdf image (33K)
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INDEX. 593
TRUSTEE AND CESTUI QUE TRUST— Continued.
11. If a trustee acting upon his own discretion, makes an investment of
trust funds without the sanction and approbation of the court, he will
be responsible for any losses thereby incurred. Ib.
12. An order passed by the court upon petition, of one of the cestui que
trusts, directing the trustee to account for a portion of the trust fund,
and specifying to some extent the responsibility incurred by him, does
not finally determine any right and is not conclusive on any of the par-
ties to the case. Ib.
13. A trustee or his administrator may be called upon by petition to bring
the trust fund into court, and to account therefor; and the adminis-
trator may also be required in such proceeding, to account for the
personal estate of the trustee. Maddox vs. Dent, 543.
14. A trustee was appointed to sell the real estate of a deceased party,
for the payment of his debts in 1830, and made and reported the sale
which was affirmed, nisi, in 1831, and in 1842 he was called upon by
the heirs at law of the deceased to account for the purchase money,
HELD—
That after this lapse of time the trustee must not only be presumed
to have received the purchase money, but is responsible for it
whether he received it or not. Ib.
See SALES BY TRUSTEES.
WILL AND TESTAMENT, 17, 20.
VENDOR'S LIEN.
COUNSEL FEES, 10 to 13.
TRANSFER OF STOCK,1.
ATTACHMENT, 1.
ORPHANS COURT, 2.
LIMITATIONS, 9.
USER.
See WAYS, RIGHT OF, &c., 25.
USURY.
Prior to the act of 1845, ch. 352, the plea of usury by the mortgagor
or his alienee to a bill of foreclosure by the mortgagee would have
been a full and complete defence. Hitch vs. Fenby, 190.
See PRACTICE IN CHANCERY, 23.
VENDOR,VENDEE.
See AGREEMENTS, &c., 1, 3.
VENDOR'S LIEN.
1. The equitable lien held by the court for the payment of the purchase
money of land sold under its decree, cannot be enforced by a trustee
who has assigned the bonds given for its payment, whether the assign-
ment was or was not made, with the sanction of the court. Hayden
vs. Stewart, 380.
VOL. IV—50

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 4, Page 593   View pdf image (33K)
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