Maddux v. Triplett

Citations

• 89 Va. 318
• 15 S.E. 897
• 1892 Va. LEXIS 102

Syllabus

<p>Trustee—Power to sell—Suit—Order of sale—Case at bar.—Where a trustee, enjoined from selling trust property, is afterwards made party to another chancery suit involving the same property, which causes are heard together and are referred to a commissioner to ascertain and report the value of the property, and the debts for which it is liable, and the interests of the persons claiming said property—</p> <p>Held :</p> <p>There was no error in decreeing sale of the perishable property, or in appointing receivers to preserve and rent out the same; nor was there error in dissolving the injunction, as the court had acquired jurisdiction over both trustee and trust property, and he was powerless to exercise Ms functions as trustee without an express order to proceed, and there was no such order in these causes.</p>