Page v. Naglee

Citations

• 6 Cal. 241
• 1856 Cal. LEXIS 112

Syllabus

<p>A trustee cannot purchase nor deal with the subject of the trust, nor purchase debts to he paid out of the trust fund, nor place himself in a position antagonistic to the trust.</p> <p>The purchase, by a trustee, of a debt, to be paid out of the trust fund, and causing an action to be brought and judgment obtained thereon in the name of another, if not a fraud iu fact, was a violation of his duties as a trustee, and it makes no difference in this respect whether his trust is created by deed or mortgage, or whether the same was void or noti</p> <p>Having accepted the trust and received the rents of the property, the trustee cannot dispute its validity, particularly for hiS own benefit.</p> <p>A judgment so obtained by a trustee, is void in law and a nullity, and may be enjoined at the instance of the party executing the deed of trust to secure the payment of his debts out of the fund.</p>