Lenox v. Notrebe
- In the absence of fraud or mistake, distinctly alleged and clearly proved, a court of equity will not set aside a deed regularly executed.
- 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.
- An equity is not subject to execution, unless by statute.
- 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.
- A fraudulent conveyance is good as between the grantor and grantee, and their heirs and representatives, but is void as to creditors and purchasers.
- 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.
- The answer of one defendant is not evidence for or against a codefendant.
- An answer responsive to the bill, is evidence against the complainant.
- A widow is not dowable of a trust estate.
- 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.
- 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.]