Arkansas true Democrat., 1859-06-22
Abstract of the decisions of the Supreme
 Court of the State of Arkansas
 Prepared expressly Jor tue True Democrat, by

Abstract of the decisions of the Supreme Court of the State of Arkansas. Prepared expressly for the True Democrat, by w. HoADLEY, ESQ.
 |. L. Mandel' ct al.' Appeal from pu- John C. C. peay, ct al 1asA' O.. c. A. B. being in failing circumstances made conveyance to certain trustees of his estate, both personal and real, for the pur- pose ofpaying certain creditors therein nam- ed, also others residing without the limits of the State, who should, within the space of 9O days, render n their names and the amount of their claims. Both or either of the trustees were empowered to make, seal and convey titles of the trust property.- The deed was duly registered on the 4th day of June, 1859. After the registration, and at the June term of Pulaski circuit court, Judgments were obtained by certain credi tors against A. B. and execution issued and ievIed on certain of the property mentioned Tn the deed ot trust, and the property levied on was taken out of the possession of the trustees by the sheriff of Pulaski county.
 The trustees filed a bill on behalf of them selves and all the creditors named in the deed, praying an injunction, which was granted. The chancellor upon the bill and deed exhibited, the answers. replications and dispositions of the case presented to him for a hearing, held the trust deed to be fraudulent, null and void as to all the credi- tors of A. B., dissolved the injunction and dimissed the bill at the costs of complain ants, mainly founding his opinion upon the testimony of one of the parties. But on motion for re-hearing the decree was re- formed so far as to reinstate the injunction except as to one of the creditors, c. D. The court holding that the deed as to the said c. D. was fraudulent. From this de- cree complainants appealed.
 Held l. That a creditor in failing circum- stances may make preference among his creditors. ?. There being no allegation in the answers or proof on the hearing that C. D's. claim was fictitious or simulated, the validity of his claim not being put in issue by the answer, he was not called upon to produce any evidence of its genuineness other than the recitals in the deed of trust.
 If trustees are wasting trust funds it is within the power of the chancellor to rule them to security, or to remove them and appoint receiver.
 Ordered-That so much of the chancel- lor's decree as declared the deed of trust to be null and void, as to the claims of C. D. be reversed and the cause remanded for fur ther proceedings.
 vs "''' Appeal from Hempstead Hanly. o"y o'' O''
 A and B. purchased of c. certain proper ty, for which they gave their joint note for So00. C. on the day of making the note, made them deed to the land Immedi- ately after their purchase, they took posses sion and erected valuable Improvements, at a great expense, which improvements still remain upon the land Afterwards A. made payments on the note for S225-be- ing within $25 of his share of the note, while 5. never paid a cent upon the debt. D. complained to A. that c. had never paid anything, and observed that he would be compelled to sue upon the note, but that he would hold A. harmless in the matter and save him from cost. That As interest in the property should remain unimpaired by the suit. With this understanding A. al- lowed judgment to go against him by de- fault, and the property was sold and bought in by D. for $5 D. denied any such un- derstanding between himself and A, and | f property.
 The court below decreed that D. account for all rents and proceeds of sales of the land which had come into his hands since the sale under the execution, and appvI them in discharge of the residue of the note of A. aud B, and that pay +~ n II : residue of the purchase money and interest untaIu. Ana that D. be eniOined from set- ting up any title to the land he and A. be.C ing joint tenants. From this decree D. ap-' pealed. fl
 The court held.
 1st. The general principle is we'll estab lished that equity prohibits a purchase b, parties placed in situation of trust or con fidence with respect to the subject of tn purchase-that no party can be permitted to purchased for his own benefit an interas where he had a duty to perform which j inconsistent with the character.
 2. This rule has been applied to pu chasers of outstanding titles and encurn brances by joint tenants, and in some instm by tenants in common.
 3. A purchase by one joint tenant co partner of an encumbrance on the ioi, estate, or an outstanding title to it, is he at the election of his co-tenants within reasonable time to enure to the benefit all the tenants, upon condition that tlr will contribute their respective ratios oft consideration actually given And so a as between tenants in common holding F der the same instrument
 4. Under these circumstances, in 4e absence of any positive rule of law forE- ding it, D.'s purchase of his co tenant S te to the land is valid.
 Ordered that the decree of the courte- low be reversed and the case be remand with instruction to dismiss the bill, etc H'"ps,sad' rs land agent etc. A2gseic% Hs,s,;,"s Underhil's heirs, etc c. {
 This is an appeal from the judgma of the circuit court of Hampstead conty, awarding peremptory mandamus agnst B. F. Hampstead as land agent ofthe Washington district, to compel himt is- sue certain certificate of purchase of snmp land to the heirs of George w. Undehili, deceased, etc.
 Held that-under the act of 2Oth Jnua- ", 1853, a land agent exercises ministerial power, and has the right to pass upol con dieting claims, but his judgment my be controlled by mandamus, which however will not prejudice rights of others, except incidentally. U
 Judgmentreverseda and the cause renand- ed for further proceedings, etc.
 gs- Two thieves, (young men, were arrested and lodged in jail at Gainesville, Greene county, Ark, last week by Dr. Wise and some others They broke into two groceries owned by R. Dorsey and a Mr Gapfrx- ,nJ +oIo Il