Witt's Administrator v. Warwick

Citations

• 83 Va. 699
• 3 S.E. 352
• 1887 Va. LEXIS 112

Syllabus

<p>1. Trustees&emdash;Powers&emdash; Trust subject&emdash;Rents.&emdash;Where rents of trust subject are decreed to be paid directly by receiver to c. q. t.&emdash;</p> <p>Held :</p> <p>That trustee has no power to collect or use same, and his drafts drawn on and paid by lessee cannot be set-off against the rent due.</p> <p>2. Idem&emdash;Loans to trustee&emdash;Set-offs to rent.&emdash;Costs recovered in suit where-</p> <p>by real estate was subjected to trust, and the rents decreed to be paid directly by receiver to c. q. t., were assigned by trustee to reimburse lessee for loans to him, without evidence that the loans were for benefit of c. q. t.&emdash;</p> <p>Held :</p> <p>Not to be set-offs against the rent due.</p>