Moton v. Dewell

Citations

• 22 Ohio C.C. Dec. 35

Syllabus

<p>LIMITATION OF ACTIONS — TRUSTS AND TRUSTEES— PARTIES — PLEADING—FRAUD—WILLS—ESTATES.</p> <p>1. Purchasers of Land Fraudulently Sold by Trustee are Successors of Trustees so Far as Land is Concerned.</p> <p>An executor having purchased land in performance of a trust, imposed by will, taking title in his name as executor, and' afterwards in fraud on the trust conveyed the land to others, the absence of a successor to such executor as a party to an: action to set aside deeds brought against such purchasers and their successive grantees is not a fatal. defect, on demurrer, when it is alleged that title was taken by such purchasers and their successors with full knowledge of the trust and of th® fraud; and such purchasers became quasi trustees and successors to the executor so far as the land in question was concerned.</p> <p>2. One Beneficiary of Joint Trust may Sue Fob All.</p> <p>In 1837 1 y a Virginia will a trust fund was created with direction to the executor to invest same in lands in a free state and to settle the slaves Qf testator thereon, and the executor having purchased lands in Ohio for the trust taking title in his name as executor, and before making such settlement and in fraud on the trust conveyed them to others, one or more of the now ex-slaves or their descendants may prosecute an action for themselves and the others similarly interested to set aside the deeds from the executor to the purchasers from him and successive deeds.</p> <p>3. Unless Inconsistent with Whole Petition Special Averment must be Regarded as True on Demurrer.</p> <p>As against a demurrer, a special averment in a petition of want of notice and diligence as to discovery of a fraud as saving the action from the statute of limitations must be regarded as true unless the whole situation and admitted facts surrounding the case are inconsistent with such special averment.</p> <p>4. In Case of a Fraud -on Cestui Que Trust, Limitation did not Begin until Fraud was Brought Home to Him.</p