Anstice v. Brown

Citations

• 6 Paige Ch. 448

Syllabus

<p>Where an attorney, who was employed to collect a partnership debt due to a firm the members of which were aliens, compromised the debt by taking lands therefor; but on account of the alienage of the creditors and without any directions from them took the conveyance in his' own name to enable him to sell the land and convert it into money, afid wrote to them informing them what he had done and promising to sell the land for them as soon as purchasers could be found, but died before any' sale of the land had been made; and his heirs after his death sold the land supposing it to be their own ; Held, that the proceeds of such sale in the hands of the heirs were personal property belonging to the copartnership firm, and that the personal representative of the last surviving partner was entitled to recover such proceeds as a part of the copartnership effects.</p> <p>Where land is taken in payment of a debt due to an alien, and is conveyed to a trustee upon a valid trust to sell the same and convert it into personal estate, without any unreasonable delay, for the benefit of the cestui que trust, a court of equity, upon the principles of equitable conversion, will consider the land as personal estate belonging to the alien, and transmissible to his personal representatives as such ; and if necessary will compel the trustee, who holds the legal estate, to sell the land and convert it into money.</p> <p>A conveyance of land to a citizen as a trustee upon an express trust to self the same as soon as practicable and to pay over the proceeds theteofto s ' creditor who is an alien, is a valid trust, and does not-subject the interest of the alien creditor in the proceeds of such sale to forfeiture < as the principle of public policy which prohibits an alien from holding lands, either in his qwn name or in the name of his trustee,' without the consent of the state does not apply to such a case.</p> <p>If an agent for the collection of a debt due to an alien, takes a conveyance o