Page:Federal Reporter, 1st Series, Volume 10.djvu/872

 860 FEDEBAIi BEFOBTBB. �Discussing the question of the right of equity to interfera in a case where the suggestion was made that there was a defence at law, and speaking for the court, Bruce, L. J., says, (page 209 :) �"But the question is raised wliether there is jurisdictioii here againat the Middletons. I assume that there is ; for, before the suit, they brought the action of ejectment for the purpose and in the circumstances that I have stated, and I concoive that where a person is in possession of land by b, good, equitable right, and the title is so circumstanced as that the legal estate is either in himself or in another, as trustee for the person In possession, and an action of ejectment is brought against the man in possession by the other, claiming as well the equitable as the legal right, and denying the legal as well as the equitable title of the person in possession, he is entitled, in a court of equity, to relief against the other by vray of injunction, if not by way of conveyance and injunction, — in whichever of the two the legal estate may be vested, — inasmuch as the plaiiitiff in ejectment would, recovering in the action, hold raerely as trustee for the defendant in it." �Let an injunction issue restraining the suit at law until further order. The defendant is allowed 30 days to answer the bill of com- plaint. ���DioKiNSON V. WoETHiNGTON and others. �{Circuit Court, D. Maryland. January 21, 1880 1 �1. WiLii— Bequest hi TKnsT — Chakob on Land— Rblbasb. �Where a testator gave moaey in trust to a trustee, to be by him invested and held in trust for the use of the beneflciary for life, and after her death for others, the will declaring the money to be untll paid a charge on the lands devised by him, and the will not expressly authorizing any one to give an acquit- tance for the money so charged on the lands devised, a paper, slgned and ac- knowledged by the beneflciary of the trust and no one else, containing a mere statement made by her that the money had been invested to her satisfaction, au; that she released the lands and the trustee from all liability therefor, is not a release, nor is it eiiectual for any purpose whatever. �2. Rei.ease of Moktgage — Bbneficiaky to Join. �Where the trustee invested certain money in a mortgage on the land de- vised, he had no power under the limitations in the will to collect the amount due on the mortgage and release the same without the consent of the benefl- ciary, evidenced by her being a party to the deed of release, and signing, sealing, and acknowledging it. Buch mortgage stands unafleoted by the releaae. �S. Samb— Whbk Effbctual. �Where the trustee had made a loan and taken a mortgage to secure it, and the loan being long overdue, he would, in the absence of some express restric- tion in the will, have the right to receive the money aud the puwer to execute a release of the mortgage. ��� �