Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-04-22
LAW CASE.
Ia tie June term of 1910. NJ iae cuper;0r Court ct
ChaNceTy. AT Rirhricrd.


their father, and by virtue of the authority
given othem ky his will. sold the laHd whereof
he died seized, "a! public sale, and ere Of them
became the purchaser.
And now the question which was argued <
submitted To the court was, whether. that
circumstance alone. sjiovid not defeat the
sale, as the distributes had come into
Court for that purpose, in reasonable
time.
By tie Chancellor,
let il he remark I'd that the
fraud charged in this hill is denied By the an
swcr, and that there is not one jot or tittle of
proof TO support any part OF the BILL but that
which is derived, from The answer as to the
sale of the land. But the answer Is supported
by several dispositions; Mi going 10 slew that
the sale was tair-that the Distributes were
present, besides many others as are usual on
such occasions; and, that in the opinions of
those witnesses, there was all gdequatc price gi-
ven.
For what, then, should this sale be disturb
ed' Why, because we are told, that, In En-
gland, trustee cannot purchase, at his own
sale, the property of the trust, but for the use
OF his ce~tui qne trust unless the trustee per-
united, by the Court OF Ciancery. upon bill
lied for that purpose; and, that this case
should be governed, by the like principles
But, II 1t should, one of their Councillors,
Lord RoS>tgn, questioned the former part of
this rule, and held it to be applicable only to
cases where the trustee gained profit by the
purchase.
Another os-their Chancellors. Lord 4lrap,y
Their master Of the rolls, placed the rule on
inherent footing, viz. that the ceStu qHe trust
however fair the transaction may have been on
the part of the trustee, shall be permitted
wi;hln reasonable time, TO say whether he is
satisfied with the purchase or not; and il dis
satisfied, 10 have a resale.
And another of their Chancellors. lord Eldon,
disapproved Lord RossIin's rule also. az held,
that whether the trustee makes au ADVANTAGE
or nor, If the connection does not appear sa-
tIsfactorliy TO be disclosed between him and
efsfu' que trust IL is IN his power, TO take back
me property or not. Such are the English
rules in relation to such purchases by Trustees,
1 ms however, Is the case of pyl.chaSe by an
e,Tcs.or: and, III relation to trustees there, l
snail certainly not presume to saw what ano-
thcr OF their Lords may tell u.s. but, | regret
indeed. that, from such Lords and such idrpop
the Judicial. department Of our country cannot.
like the Legislative and Executive, be olsen.
tangled.
took occasion, some time since, in the case
OF MarAS We. Morris. to say thar il was the com,
mon law. we had adopted and not English de
cisions; and IN this, I still think, was cor
rect so far as thar law applies tn the principles
of our revolution: and, so far, I would prefer
il to any system i'll the world; because IL is fine
system ofredson.
But may he told, that these decisions are
the evidences OF the common law; which i'd
nit 10 be true, so tar as they conform 10 the
uneTrIng princl pies of natural and iyn,uufsbit
j1stice-naTeiy, that zee should Ire hgaesfIy
should hurt nobGfy; and should rendcl. ere,y one
!ilS due the standard to which JRssinian re-
dnced all laws, and to which the ENGLISH Jsldg
IS themselves resort, i'll order to correct their
own decisions.
But, this is liberty, il would seem. which
we are not TO take in ths country Bnf with
ali due Difference 10 those, who may be blind
enough To think so, appreheud we sboulJ
but not for the purpose of recoaciiing English
decisions, but to form precedent>, for orr
selves in reference TO the principles Of our ovu
government.
10 my mind. it is very absurd to saw. ,ba.
although we have abolished entails: the RIGHT
OF prtm0gsaitaTe /; preference of the male line
the Jus accresceRdi between joint tenants and
declared that the haf blood may inherit, and
that 6GSiGfds may be legitimated i'm certain "a
SEES; nay, that the Legislature has NOT left a
trace OF tie feudal system among rs. vet
our courts might hold to English decisions
az authority; notwithstanding the rules of
property are different
ttfollows with me that those who do H. n,i.,it
often err. Besides, il slisws d want of national
pride and independence; which to my mind.
- to'D d1td degrading.
LetaDy one attend the proceedings of our L.
giSlative, and executive departments. and lac
would not suppose, that we had ever been con-
nected with foreign nation but tie mo
ment he should step into our courts of ;ustice.
he would really be induced TO ask yyhv 10 ,ha
English hold courts here for il is not Iikelv
that it would occur to him, at first, that these
courts formed another branch Of the same
government and yet they do But let me
not, in expressing the humiliation which
feel. from the present course Of onr judicial
proceedings, be for moment suppSspd nm
friendly to I've English system Of iurisnrt.
dence, as ~ reiaies To- themselves i an, NOT
nay we're snniest Of England, should
boast Of II, as the fairest feature Of my yoycru
ment but still cannot consent that their de
cisiOnS 10 ali cases are authority here alfhot,,,h
in general am pleased with them and yerv
otieu admire the talents with which some ri
them ne reported to have been delivered
There was time, II is true, when the
rule Of property wasthe same in both corn.
tries, aud Of course it "a case we're nov to =.
rise here under that rule, miles, CHANGED Inv
The legislature, It should be resOrted 10 ,, the
sinndr tot decisios but IN al Other c,ses
founded reason n morality. or upon iiie prir.
ciplr, of national Justice, as the basis Of a..
common ldw, t1cy should not be so regarded
unless they conform tosnch principles.
ia word. consider the decisions Of tnDlanJ
winch did not prescribe anv rule Of ,,yonert,. ~
the time Oi the Revolution, as do thoscofa,, -.
thcr country, for sac purposes of iuf,,,,tfion on
iy F; but not IS avfboriy and therefore. tbey
slonit poi be- feicfred to a. such in derf
siOus aud then we might exuoct hv fi. 60.
We should get clear CT cases deoet;trnt -.
tie English rules OF proprrfy. IT, b,ye . ~.
tenn OF jurspfudercclfonnded uo,n ,,,,e ~, =,
sense Of Things. and cDnlogn.bie 10 H.. 49,,
cpics Of our reyoluiik i:u., SO "a
@ s' '''. De,oIe. re Vtpietciy irtcpondeIt of
~, i."''i'1 t"N,''3 ~ while Onr branch 4
~ $50 ''.'i.nt '"' uree. continues ser-