Curlett v. Emmons

Citations

• 9 Del. Ch. 62
• 85 A. 1079
• 1910 Del. Ch. LEXIS 23

Syllabus

<p>When the complainant elects to go to hearing on bill and answer all the well pleaded averments of the answer are taken to be true.</p> <p>Real estate was conveyed by tenants in common in trust for sale, the proceeds to be applied to the payment of liens of record, and the share of each grantor was chargeable with the amount necessary to discharge the liens against them respectively. When the deed was made there was a judgment against T. R. C., one of the grantors, the lien of which expired before the sale was made and before it was paid by the trustee from the proceeds of sale. Before the lien expired the trustee in order to carry out the trust made an agreement with the judgment creditor whereby the creditor forbore to collect the judgment until the trustee should make a sale of the trust property. Held, that the trustee should be allowed as a credit the amount so paid by him to discharge the lien of the judgment, though the lien of it had then expired.</p> <p>The trustee refused to pay over the share of another beneficiary because of a claim made by another of the grantors, D. B. C., not a party to the suit, to be the equitable assignee of the share of J. C., because of the payment by D. B. C. of judgments against J. C. with moneys furnished by D. B. C. under an agreement with J. C. to reimburse him from proceeds of the land. It appeared that the agreement was made and the judgments paid and satisfied of record before the trust deed was made. Held, that by the trust deed, which authorized the trusteee to pay only liens of record, D. B. C. had waived and relinquished any right as equitable assignee of the share of J. C.</p>