RESIDENT MAGISTRATE’S COURT.
Tuesday, Apeh. 11. (Before John Bathgate, Esq., R.M.)
M‘Culloch, as trustee in Stohr’s case, v. J. R. Stamper.—ln this case, which was a claim to recover Ll5O as damages for the alleged wrongful detention of certain books in the estate, his Worship gave judgment, holding that the plaintiff having executed a deed ,of assignment of the book debts, which expressly included the books could not ( sue for wrongful detention. At the same time, he recommended the defendant to allow the trustee the use of the books atfiis office if he required them, otherwise for the management of the estate.' . He poipted out that the deed might be in the Supreme Court by any creditor/ The trustee could purchase any part of a trust estate, and the principle had in some degree been extended to solicitors. As the defendant had been the solicitor in the estate, the deed prepared by bimnolf in his own favor might be open to question- (York Building Company v. Mackenzie was referred to). In every case where a purchase was made by* an attorney from his client it is liable to question, and the burden is thrown upon the purchaser to satisfy the Court. Plaintiff nonsuited.
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Evening Star, Issue 4095, 11 April 1876, Page 2
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203RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 4095, 11 April 1876, Page 2
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