Moody v. Noyes

Citations

• 15 Wash. 128
• 45 P. 732
• 1896 Wash. LEXIS 149

Syllabus

<p>TRUSTS — POWERS OP TRUSTEE HOLDING LEGAL TITLE — ESTOPPEL — EQUITY — ENFORCEMENT OP LIENS.</p> <p>The authority of a trustee to deal with real property, the legal title of which has been vested in him by the cestui que trust, cannot be questioned by third parties dealing with him, so long as such authority is not denied by the cestui que trust.</p> <p>Where timber has been cut from land under authority of a license granted by an agent, the licensee and his assigns are estopped to deny the authority of the agent to execute the license.</p> <p>Contracts made by the trustee of a corporation may be enforced by it in its own name.</p> <p>A lien by contract is enforcible in equity, although the contract does not amount to a legal mortgage.</p> <p>Where the object of an action is to have the interest of the defendant established and the priorities adjusted as between plaintiff and defendant, plaintiff cannot complain that defendant, although holding nothing more than a lien interest in the property, is awarded the priority of lien, when the evidence sustains such a finding.</p>