Bushrod Washington, Greenleaf v. Queen — Opinion of the Court
“ The only persons, then, who are beneficially interested in the property conveyed by the deed of trust, are the creditors of Charles Minifie, who have united in a suit against the heir at law of Boyd, for the purpose of having a new trustee appointed to carry into execution the sale made of the property by the former trustee, under the deed of trust ”
Bushrod Washington, Greenleaf v. Queen — Opinion of the Court
“ The last objection to the decree, which it is thought necessary to notice, is, that the heir at law of Washington Boyd, deceased, is not required to release her title to the property in controversy to the appellant; a majority of this Court being of opinion, that the legal estate in that property did not pass to Richard Wallack, under the decree of the 21st of January 1823, before referred to, but is yet outstanding in the heir at law of Boyd. ”
Bushrod Washington, Greenleaf v. Queen — Opinion of the Court
“ The purchaser has not done what he ought to have done, to obtain a title. He should have filed his bill against all the persons interested-Minifie and the creditors; but the bill was against Boyd alone; and this authorized the conclusion, that the aid of Boyd only was wanting.The case is one of a bona fide and regular sale, by the trustee-possession taken by the purchaser-execution of his contract, with full knowledge of all the circumstances, by the delivery of his promissory note, for the purchase money ”
