7 Watts 412 | Pa. | 1838
The opinion of the Court was delivered by
The arguments of the counsel for the plaintiff in error, though ingenious, are by no means satisfactory in showing that the charge of the court below was wrong. Sitting as a court of equity, and embracing in one view all the features of this case, it is impossible not to perceive a series of omissions and of acts on the part of the defendant, producing the effects of a contrivance on his part to divest the plaintiffs of their property, and to secure it for himself at a manifest undervalue, whether the actual intent so to do can be proved or not. Such a proceeding, on the part of one who obtained the possession from infants, under a contract which he has in no respect complied with, but, on the contrary, has violated in every particular, presents a very unfavourable aspect before a court and jury, who regard not so much appearances as the essentials of probity and duty. It is not sufficient for a party who has been clothed with a fiduciary character to intrench himself in forms of law. Equity follows his character throughout and clothes him with it, notwithstanding his endeavours to shake it off in order that he may enjoy advantages derived from that character to the injury of others for whom he has acted.
The leading feature of the case is, that the defendant came into
But what has been the conduct of the defendant in the present case after obtaining possession under the agreement? Had he paid off the incumbrances and left the children in possession of the Ohio farm ; the consequence would have been that the title to the lots in question, and that of the Ohio farm would have remained as they were: he in possession of the lots under the parol contract, and they in possession of the Ohio farm under the same sort of title ; but both executory until the children came of age. At that time, if they affirmed the contract, all could hold by virtue of the contract and possession; if they disaffirmed it, they could have surrendered the farm to him, and he would be bound to restore the lots on being refunded so much of his advances as remained due. For, in the latter event, the defendant might have justly asserted a right to be treated as a trustee for the infants in relation to the lots, and to be reimbursed all charges not received by the rents and profits. He could not be treated as a trespasser; the contract was not absolutely null and void, because the plaintiffs were infants; it was voidable at their option; and intervening acts fairly done and executed in pursuance of the contract would be supported in equity, so far, at any rate, as they were for the benefit and relief of the infants during their minority. This appears to me to be the situation in which the defendant placed himself by his contract: and it is no objection to say, that there was no equality or mutuality in such a bargain ; because the defendant, in making it with infants, was bound to know the disability under which they laboured, and the nature of the engagements into which, by law, they were permitted to enter.
Instead, however, of paying off the incumbrances and saving the title of the infants, he avoids the payment altogether, suffers the lots to be sold under those incumbrances, and seven months afterwards acquires the title thus obtained from the creditors who had purchased at sheriff’s sale, expending in the whole an amount less than he had
There is but one recognized path for a trustee to walk in, and that is, that all his views and conduct be directed to a faithful discharge of his duty as such ; and where his acts may admit of two constructions, one rightful, the other tortious, in respect to his cestui que trust, equity will choose the former and reject the latter. After this sheriff’s sale, it was still the duty of the defendant to purchase in the lots for the infants, if it could be done on the terms originally stipulated ; it
Judgment affirmed.