Bath South Carolina Paper Co. v. Langley

Citations

• 23 S.C. 129

Syllabus

<p>1. Findings of fact by the Circuit Judge in. a law case (a jury being waived) cannot be reviewed on appeal.</p> <p>2. Where parties take possession of property, purchased by them at a sheriff’s sale, under circumstances that induced a Court of Equity from considerations of public policy, to set the sale aside (as in Barrett v. Bath Paper Company, 13 S. C., 128), the sale cannot be said to have been void, and the purchasers tort feasors, nor can they be regarded like to trespassers taking possession vi et amis, but their relation to the execution debtor is like to that of trustee to eestui que trust.</p> <p>3. Whether questions of rents and profits, and of damages for detention and waste, which might have been, but were not, raised between co-defendants, in the case of Barrett v. Bath Paper Co., supra, are res judicata — discussed, but not decided'.</p> <p>4. A trustee is bound to the exercise of only ordinary care over the property of the cestui que trust in his possession, and cannot be charged with rents and profits which he did not, and could not, receive.</p> <p>5. Where a quasi trustee has insured property of his cestui que trust, for which, being burned, he receives the insurance money, ho is accountable for the amount so received, less his payments in effecting and collecting the insurance.</p>