Horace Gray, Levis v. Kengla — Opinion of the Court
“ It is unreasonable to suppose that the defendants, having a good security as it stood, would have converted themselves into permanent trustees for an indefinite period for the sole and exclusive benefit of the complainant, the latter never at any time concerning himself with the payment of interest or taxes, or the care of the property in any way, for 15 years. ”
Horace Gray, Levis v. Kengla — Opinion of the Court
“ Under this second mortgage, default having been made in the payment of the $300 note, the land was advertised for sale 'subject to a prior trust of $2,000,' and on October 29, 1877, was accordingly sold by auction, and was bought by the two Kenglas for the sum of $1,000, subject to the first mortgage for $2,000. The plaintiff remained in possession of the land for about a year after the sale, and then removed upon notice from the Kenglas to quit, and they have ever since remained in possession. ”
