Rabb v. Flenniken

Citations

• 32 S.C. 189
• 10 S.E. 943
• 1890 S.C. LEXIS 31

Syllabus

<p>1. One who purchases land from a husband trustee in breach of the trust, in that he paid for the land with a note held against the trustee individually, and with family supplies subsequently furnished, is not entitled to a credit for such note and supplies when called upon to account for rents and profits of the land while in his possession.</p> <p>2. Where a purchaser obtained possession of land through a trustee’s breach of trust, believing, under the advice of counsel, that he was acquiring a good title in fee, and no complaint was made by the cestui que trust for several years, he is entitled to the increased value by reason of improvements as a credit on his accounting for rents and profits.</p> <p>3. A party should not he charged with the costs of a successful appeal. Such error may be corrected on appeal from the clerk’s taxation.</p>