64 Ala. 50 | Ala. | 1879
It was the right of the plaintiffs, during the progress of the trial, indeed at any time before final judgment, to amend the complaint, in any respect in which it was defective; and the amendment might be by adding to or striking out parties, plaintiff or defendant. — Crimm v. Crawford, 29 Ala. 623; Forcheimer v. Pickard, 27 Ala. 142; Prater v. Miller, 25 Ala. 320.
The general rule, insisted on by appellant, may be conceded, that at law the trustee, clothed with the legal title, unless restrained by the terms of the trust, may convey, assign, or incumber the trust estate; and if the cestui que trust is injured, he must resort to a court of equity fop relief.— Huckabee v. Billingsley, 16 Ala. 414. The rule can have no application to this case, in which the sale and conveyance was made by the trustee after the expiration of his estate, and when the legal and equitable estate had united in the cesiuis que trust. The estate vesting in him as one of the cestuis que trust, passed to his grantee, but his conveyance was inoperative to pass the estate of the other children who did not join'in executing it/
We find ño error in the record, and the judgment is aL firmed,