Stansel v. Hahn

Citations

• 96 Miss. 616
• 50 So. 696

Syllabus

<p>1. Tbust Estates. Active trust. Execution sales. Code 1906, § 2779.</p> <p>Code 1906, § 2779, authorizing the sale under execution of a beneficiary’s interest in lands held in trust for him, has no application when the trust is an active one, as where the trustees hold the property with power to sell any part of it, reinvest the proceeds, collect rents, pay taxes and insurance and can pay only the net income to the beneficiary or his heirs.</p> <p>2. Chanceby Pleading and Pbactice. Gross-bill. Matters not germane.</p> <p>In a suit to enjoin an execution sale of a beneficiary’s interest in property held in trust, a cross-bill, seeking to compel the trustees to pay the judgment against the beneficiary from the income of the property due or to become due him, introduces new matter not germane to the bill, and is demurrable on that ground.</p>