Horace Gray

“ When a trustee, dealing with the trust property, together with property of his own, as one mass, conveys part of the whole to a purchaser who takes it for value, in good faith, without notice of the fraud or of the trust, and who therefore acquires a good title, the question how far the rest of the property shall be charged with the trust so as fully to indemnify the person defrauded can only be determined in a court of equity. ”

“ The learned judge of the circuit court, in his opinion sustaining the demurrer to the amended bill, recognized that 'the fraud alleged, which creates an impediment to a recovery at law, can be removed by a suit in equity, and her dower obtained,' and that 'equity furnishes the most adequate and complete remedy, and dower is highly favored in that forum.' The ground on which he declined to support the amended bill was that the plaintiff was not entitled to the specific relief prayed for. ”

“ One who by fraudulent misrepresentations obtains a conveyance from the owner of any interest in property, real or personal, is in equity a trustee ex maleficio for the person defrauded, and any one taking the property from such trustee with notice of the fraud and of the consequent trust is affected by the trust. ”