53 So. 830 | Ala. | 1910
It has been long and well settled by the decisions of this court that a purchase by a trustee for his own benefit at a sale of the trust property is
It is true the books make a distinction between a void and a voidable sale in the application of the doctrine of innocent purchaser for value, and hold that a bona fide purchaser for value under a voidable sale is protected.—Shook v. Sou. B. & L. Ass’n, 140 Ala. 575, 37 South. 409. This doctrine is not to be questioned, but whether the sale is void or voidable matters not, if the purchaser is not a bona fide one without notice. The bill avers the sale of the land under a decree of the probate court, and which discloses the nature of the guardian’s title, and the bank in purchasing from him had constructive notice of the infirmities of his title — notice that the sale was procured by him as guardian, that he purchased the land at said sale, and that the ward had a right to avoid the same.—Randolph v. Birmingham Co., 104 Ala. 355, 16 South. 126, 53 Am. St. Rep. 64.
While the law permits a minor to avoid such voidable sales upon a seasonable application, he is required to do equity as a condition precedent to relief. He cannot re
The decree of the circuit judge, sitting in equity, is affirmed.
Affirmed.