The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-10-08
DECISIONS OF THE SUPREME
COURT.

E. ". Charles U.s. o. Coker, ct al-Where
| the deed of trust required payment OF the pro-
ceeds of the settled property to the wife. ION
her receipt" held that the words employed
created an interest to her sole and separate use.
Where, on the receipt by the wife Of the pro-
ceeds, no restriction was placed on her dispo-
sition OF them, and alter the death Of the trus-
tee, her husband, who had been his agent, (by
virtue of q power In the deed,) continued to
manage the estate, and paid to third person
such proceeds for supplies furnished the trust
property and the family, and this course OF
dealing continued lor nearly twenty years,
with The full knowledge and acquiescence Of
the wife,a bill will not be entertained by a
substituted trustee, to demand on account
from such person OF the proceeds so received.
Where the end intended to be accomplished
by the settlement had been fully attained,
equity will not allow an account against a
party dealing with the husband, in the proceeds
OF the trust property, held to the sole and
separate use OF The wife, because the technical
reouisition in the instrument, that the said
proceeds should be paid to her, ION her re-
ceipt,n had not heen complied with.
Where it Is plain from the whole transac-
ton that the legal title TO tract of land was
to be regarded as security for the money ad-
vanced for Its purchase. equity Will consider
the vendee only entitled to claim by way OF
mortgage, and will order the premises sold tor
Where the husband OF the ceStai que trust
confessed Judgment, in which was Included
the debt due for the money advanced for the
land; held, that it was NOT 10 be regarded as
satisfaction of the claim OF the plaintiff, by
way of mortgage OF the land tor the said ad-
vances. Taking higher security, II accepted
as satisfaction, e3tinguishes o lower one for
the same debt; if, however, the whole transac-
ton shows that such satisfaction was not IN
tended it will not be allowed. II never can be
so held, where an instrument was executed at
the time, in regard to the confession, stipulat-
Ing that mo right to claim any and all such
property, or money, as may now be Liable ior
the said debt, was waived"
Where the husband sold some of the slaves
conyeyed by the trust deed, and all the chill
dren OF age released and assigned their right
to the purchaser, he will be required TO ac-
connt 10 the wife (cestui que truS0 for the
annual interest of the purchase money during
the term to which she was entitled to the pro-
ceeds of the settled property, the Circuit Court
In and By its decree having elected lor the
wife and infant child to confirm the sale. The
slaves were part oil the corpus OF the estate,
and their sale not affected by the principles
which the court applied to the disposition OF
the proceeds of their labor, with the acQuies-
cence of the wife.
Where, on such sale, it is proved that GER
tain mules were q part of the consideration,
and that they were used and detained by and
for the benefit Of the trust estate, credit
must be allowed for their price on the account
to be had for the Interest on the purchase
money of tine slaves, they being regarded rs
substituted in part for the property conveyed
BY the trust deed.
Where defendant Is called into court by
bill, he must answer according TO the forms
and usage OF the court, II he desires his ans
wer to have the effect which the rules OF equity
peadings accord to the defence in that form
made The practice Of accepting service, and
consenting to the prayer OF the bill, Will not be
favored Decree modified. [0pinlon by the
Chief JUSTICE
White, Trustee, Us. Ki0ler, !4d1nintstrd!Or.-
The accounts Of trustee should be examined
as whole, and the referee is not warranted
against objection made, in dlSlointing the ac-
count and taking only what lie may regard
the items ''outside OF the payment to the ceS-
Mi que trust and new investments" from
which to ascertain the result.
The party accounting has the right TO de-
nand an examination OF his whole account,
and the balance Is to be struck between all his
receipts and disbursements, in the mode pre-
scribed by the reported decisions.
Particular circumstances may justify de-
parture from the general rule, and must be ap-
piled in strict analogy TO the reason on which
such general rule Is founded.
A report made by diSjointins the accounts,
showing a large balance against the trustee,
will more readily be set aside, when the Cir
cult Chancellor, although in the main confirm
inn it, states in his decree that II the account
had been taken in the usual manner, the re-
suit would show sum due the trustee.
Decree set aside and new account ordered.
[Opinion by the Chief Justice.1