A Digest of Equity

Cover A Digest of Equity
A Digest of Equity
J Andrew James Andrew Strahan
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Thus, in Thome v. Heard, [1895] A. C. 495, A. Was first mortgagee of Blackacre, and B. Was second mortgagee. A. , in exercise of his power of sale, retained 0. , a solicitor, to conduct the sale of Blackacre. There was a surplus, of which A. Became trustee for B. C, however, fraudulently represented to A. That B. Had authorised him to receive such surplus, and A. Let him retain it. Thirteen years later C. Became bankrupt : — Held, that as far as A. Was concerned the breach of trust was not frau...dulent, nor had A. " retained " the trust money within sect. 8, and there- fore he was entitled to the protection of the statute.
Further, the payment of interest on trust property which has been lost through a fraudulent breach of trust, is no acknowledgment of the possession of the trust pro- perty by a trustee who was at the time he made such > 2 180 A Digest of Equity.
payment unaware that the trust property had been lost, or that a breach of trust had been committed by his co-trustee (In re Fountaine, [1909] 2 Ch.


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