California Public Employees' Retirement System v. City of San Bernardino

<p>Error to Cass Circuit Court. — Hon. Jas. B. Gantt, Judge.</p> <p>(I) Wken the defendant Jackson became the administrator of the estate of Jacob Fudge, deceased, the debt of Erwin, on which the judgment was rendered in his favor, under which the lands sought to be affected by this proceeding were sold, vested in him, in trust, for the use and benefit of those entitled thereto, under the laws of this state: First, the creditors; second, the-heirs-at-law. It was his duty to pi’eserve the trust fund for those so entitled, as aforesaid. Had he bought in said land at the execution sale, as he might have done, with said trust funds, and taken title to himself, he would have taken and held the land on and subject to the same trusts as aforesaid. When he caused said real estate to be sold and bought 'in, in the names of his wife and her brothers and sisters, the heirs-at-law of said Fudge, paid therefor out of and with said trust, funds, and caused title to same to be conveyed to them, they took and held said land upon and subject to the-same trusts as the said Jackson held said funds — in trust for the use and benefit of 'those entitled thereto under the laws of this state: First, for the creditors; and, second, for the heirs-at-law. 1 Pom. Eq., secs. 422-473; 2 Pom. Eq., secs. 587, 1049, 1077, 1080; 1 Perry-on Trusts [3 Ed.] secs. 127-225; 1 Story’s Eq. [12 Ed.] sec. 322, and note; Davoue v. Fanning, 2 Johns. Ch. 251; Allen v. Gillett, 21 Fed. Rep. 273; Michoud v.. Girod, 4 How. 503; Wolf v. Robinson, 20 Mo. 460; . Smith v. Isaac, 12 Mo. 106; Thornton v. Irwin, 43 Mo. 153; Grumly v. Webb, 44 Mo. 451; Ray v. Qopelin, 47' Mo. 83; Lass v. Sternberg, 50 Mo. 126; Gaines v. Allen, 58 Mo. 545; Kitchen v. Railroad, 69 Mo. 260; Hull v. Yorhis, 45 Mo. 555; Durfee v. Moran, 57 Mo. 374; Roberts v. Mosely, 64 Mo. 507; Baker v. Railroad, 86-Mo. 75; Edwards ?>. Gotschalk,, 25 Mo. App. 549; Harper v. Mansfield, 58 Mo. 17;° Clark v. Drake,. 63-Mo. 354; Meyer v. Jefferson, 5 Mo. App. 250