| William Cruise - Real property - 1818 - 636 pages
...engage in such a transaction. A trustee might buy from the cestui que trust, provided there •was a distinct and clear contract, ascertained to be such,...trust intended the trustee should buy ; and there was no fraud, no concealment, no advantage taken by the trustee, of information acquired by him in... | |
| William Cruise - Real property - 1818 - 598 pages
...migh't buy from the cestui que trust, provided there 'a distinct and clear contract, ascertained to be after a jealous and scrupulous examination of all...trust intended the trustee should buy ; and there was no fraud, no concealment, no advantage taken by the trustee, of information acquired by him in... | |
| Henry Maddock - Common law - 1820 - 788 pages
...though the rule be that a Trustee cannot purchase from himself, he is allowed to purchase from his Cestui que Trust, provided there is a distinct and...and scrupulous examination of all the circumstances, and there is no Fraud, no concealment, no advantage taken by the Trustee, of information acquired by... | |
| Sir John Comyns - Digests, etc - 1822 - 838 pages
...himself, he is allowed to purchase from his cettui gue trial, provided there is a clear and distrinct contract, ascertained to be such, after a jealous...and scrupulous examination of all the circumstances, and there is no fraud, no concealment, no advantage taken by the trustee, of information acquired by... | |
| Sir Edward Coke - Law reports, digests, etc - 1826 - 734 pages
...between mortgagor and mortgagee, •: Sch. and Lef. 673. Л trustee, however, may buy from the cestuique trust, provided there is a distinct and clear contract,...ascertained to be such, after a jealous and scrupulous examinaCit. Lit. Sect. 202. [» 137 b.] («) Br. Condition, 33. Fitz. Condition, 5. 11 Co. 83 b. 2... | |
| Great Britain. Court of Chancery - Equity - 1826 - 698 pages
...v. Toone, 5 Mad. 54. WNeill v. Cahill, 2 Bligli 260. Chalmer v. Bradley, ub. sup. A trustee however may buy from the cestui que trust, provided there is a distinct and clear contract between them, and no advantage taken by him of his character of trustee. Coles v. Trccothick, 9 Ves.... | |
| Sir Edward Coke, John Henry Thomas - Land tenure - 1827 - 884 pages
...though the rule be, that a trustee cannot puncha« from himself, he is allowed to purchase from his cestui que trust, provided there is a distinct and...and scrupulous examination of all the circumstances, anil there is no fraud, no concealment, no advantage taten by the trustee, of information acquired... | |
| Great Britain. Court of Chancery - Equity - 1827 - 656 pages
...(97) Jackson v. Lever, 3 Bro. CC 605. trust, provided there is a distinct and clear contract, 1804. ascertained to be such after a jealous and scrupulous examination of all the circumstances, proving, that the ,. eestui que trust intended, the trustee should buy; and TF.K-OTIIK K. there is... | |
| Great Britain. Court of Chancery - Equity - 1827 - 572 pages
...explains all, that was intended by those former passages. His Lordship in that case says, " a trustee may buy from the cestui " que trust, provided there is a distinct and clear con" tract, ascertained to be such after a jealous and scru" pulous examination of all the circumstances,... | |
| Sir Edward Coke, John Henry Thomas - Land tenure - 1836 - 796 pages
...though the rule be, that a trustee cannot purchase from himself, he is allowed to purchase from his cestui que trust, provided there is a distinct and...and scrupulous examination of all the circumstances, and there is DO fraud, no concealment, no advantage taken by the trustee, of information acquired by... | |
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