Robert Cooper Grier

“ The record admits that Bush knew 'that Whitesides's object in having the lots put up to sale was expressly with a view that the title to them might be perfected in said Whitesides, in order that he could make a good title to Bush.' It is not easy to apprehend how fraud can be predicated of the conduct of Whitesides, who, it is admitted, was using every endeavour to fulfil his contract, and obtain a good title for his vendee. ”

“ As to lot No. 7, Bush, having obtained possession under Whitesides, cannot, by the purchase of an outstanding title, defeat the claim of his vendor. It is a well-established rule of equity, 'that if a vendee buys up a better title than that of the vendor, and the vendor was guilty of no fraud, he can only be compelled to refund to the vendee the amount of money paid for the better title.' 'Equity treats the purchaser as a trustee for his vendor, because he holds under him ”

“ The anxious disavowal of an intention 'to defraud or wrong the complainants,' contained in the defendant's answer, was not called out by any charge in complainants' bill, but seems rather to have resulted from a consciousness that his conduct was justly liable to such an imputation. ”