Musgrave v. Staylor

Miller, J., delivered the opinion of the Court. It appears from this record that John Staylor, who died intestate in April, 1862, was in his lifetime possessed of a certain stall in the Belair market, the legal title to which was in James Musgrave, who held it in trust for the deceased. In 1863 Musgrave transferred the stall to William T. Courtney, a grandson of the intestate, and in 1866 Courtney re-transferred it to Musgrave to secure the payment of $200, then loaned him by Musgrave., In May, 1868, John E. Staylor administered upon the personal estate of his father, John Staylor, deceased, and shortly thereafter filed the bill in this case against Courtney and Musgrave. The bill alleges that Musgrave, in disregard of the trust reposed in him, assigned the stall absolutely to Courtney, who has since been in possession of the same, though both he and Musgrave well knew the latter had no interest therein other than as trustee for the benefit of the intestate and those interested in his estate; that since then, in 1866, Courtney has reassigned the stall to Musgrave as security for a loan of $200, and 'Musgrave now refuses, upon demand made, to deliver possession of the same to the complainant, unless he is first paid the sum due him by Courtney; that it is immaterial whether the title and possession of the stall arc in Musgrave or Courtney, as each was cognizant of the trust therein, and ivas bound to hold it to the uses and purposes of that trust.

The prayer of the bill is, that the right of the complainant, ¹²⁵ as administrator of his father, to the title and possession of the stall, be decreed and established ; that the defendants be restrained by injunction from selling or disposing of it; that a receiver be appointed to sell the same and bring the proceeds into Court to abide its order, and for general relief. The injunction was granted as prayed. Mnsgrave in his answer admits the original trust for John Staylor, but avers that after his death he transferred the legal title to Courtney at the request of the complainant himself, Vydio at that time being the eldest son. and claiming to represent the family, stated to respondent that it was a family arrangement in which all had agreed, that as Courtney paid the funeral expenses of the deceased, and was to provide for his mother, who was a daughter of the deceased, it was but just that the stall, which was then but of little value comparatively, should be transferred to him. He admits the re-transfer to himself by Courtney, as security for the loan of $200, and avers that he now holds the legal title to bo transferred to Courtney on payment of that sum, with interest due thereon ; and he further charges that as the transfer to Courtney was made at the instance of the complainant, it would be a fraud upon him to permit the stall now to be taken from him without requiring his loan of $200 to be first paid him.

Courtney in his answer excepts to the jurisdiction of the Court, and then states that' at the time of the death of John Staylor the stall was of but little value, and immediately after his death the complainant and his other children told respondent to take possession of the stall, and that he should thereafter own the same, provided he would pay the funeral expenses and debts of the deceased, and the back rent on the stall, upon the faith of which, respondent took possession of the stall and made all said payments, and took a transfer of the stall to himself from Musgrave, on the 6th of January, 1863, with full knowledge and consent of complainant and the other children of the deceased, and lias been in possession ¹²⁶ ever since, holding and owning the stall as a bona fide purchaser for value, and complainant and the estate of John Staylor have no interest whatever therein, and he denies the allegations of fraud and violation of trust set forth in the bill. He admits the re-transfer to Musgrave as security for the $200 loan, and denies that the latter holds the stall upon any trust except as security for this loan. Testimony was then taken which clearly established the fact that the stall was paid for by John Staylor iii his lifetime, and was held in trust for him by Musgrave, at the time of his death. It also appears from the evidence, that besides this stall the deceased left very little personal estate, and owed debts to a small amount; that Courtney, who with his mother and sisters lived with his grandfather, and had attended to the business of the stall for some time prior to his death, paid the funeral expenses and debts of the deceased; that he received the sum of $126 due the