Hendrix v. Hunn

Citations

• 46 Tex. 141

Syllabus

<p>1. Trustee in invttum.—It is a common and familiar application of “their remedial justice ” for courts of equity to force upon the conscience of a party the duty of a trustee in regard to property which has been acquired by artifice or fraud, and where, either from tlie character of the property or the circumstances under which it is acquired or held, it would be against equity to permit such party to hold it’except as trustee.</p> <p>2. Same.—The cases where such relief is granted are, generally, where there has been some breach of duty or want of good faith and fair dealing on the part of the person acquiring the property, or of him from whom or under whom he has obtained it, of which he has actual or-constructive notice; or, where t-be property has been acquired or possession of it taken on the assumption of a trust- character, or under the belief by those with whom the transaction is had, or by reason of which it was acquired or possessed, that it was taken or acquired in trust; or, where it has been obtained by some undue influence.</p> <p>3. Same.—See this case for allegations held insufficient to charge defendant as such trustee.</p> <p>4. Same.—See facts held insufficient to authorize such relief against the defendant.</p> <p>5. Fraud.—Allegations of fraud must specify the acts insisted on as fraudulent.</p>