Claiborne v. Holland

Citations

• 88 Va. 1046
• 14 S.E. 915
• 1892 Va. LEXIS 71

Syllabus

<p>1. Tbust-Deed— Sale—Re-investment.—Where deed granting in trust lands and slaves authorizes a sale thereof and a re-investment of proceeds “in property of the same kind ”;</p> <p>Held :</p> <p>It was competent for the trustee to re-invest inland or slaves, or both.</p> <p>2. Idem—Application of Purchase-money.— When trustee has power to sell with consent of the life-tenants, and did so sell, a purchaser without notice of a breach of trust, is not bound to see to the application of the purchase-money.</p> <p>8. Idem—Breach of trust—Notice.—Purchaser, is not bound to examine a deed which is no link in the chain of title to the property he purchases, and though the trustee wras a party thereto, and it was recorded and indexed, it constituted no notice to Mm of any breach of trust.</p> <p>4. Tbustee’s Sale —Purchaser.—Where a sale is made by a trustee under-power to sell and re-invest upon the same terms, a bona-fide purchaser, paying the purchase-money to the trustee, will be protected.</p>