Lenox v. Notrebe

by the U.S. Superior Court for the Arkansas Territory

U.S. Superior Court of the Arkansas Territory

Hempst. 251

John H. Lenox, surviving administrator of William Lenox, deceased, complainant,  v.  Frederick Notrebe and others, defendants

1. In the absence of fraud or mistake, distinctly alleged and clearly proved, a court of equity will not set aside a deed regularly executed.
2. A deed, or judgment, or decree, of twenty years standing, may be set aside for fraud; but the fraud must be clearly alleged, and satisfactorily proved, either by positive or circumstantial testimony.
3. An equity is not subject to execution, unless by statute.
4. A trustee cannot become the purchaser of the estate or property of which he is trustee; nor can he buy an outstanding claim or title for his own benefit, and it will enure to the benefit of the cestui que trust.
5. A fraudulent conveyance is good as between the grantor and grantee, and their heirs and representatives, but is void as to creditors and purchasers.
6. Infants cannot be prejudiced by misstatements or omissions of their guardian in his answer, and equity will decree according to the facts of the case.
7. The answer of one defendant is not evidence for or against a codefendant.
8. An answer responsive to the bill, is evidence against the complainant.
9. A widow is not dowable of a trust estate.
10. A promise by a purchaser after a sheriff's sale to reconvey property purchased by him, is without consideration, and he cannot be required to perform the agreement.
11. Persons not parties or privies to a judgment are not bound by it.

July, 1834.—Bills in Chancery, determined before Benjamin Johnson, Edward Cross, and Thomas J. Lacy, judges.

[Opinion of the court by Judge THOMAS J. LACY.]