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Antoine Michoud, Joseph Marie Girod, Gabriel Montamat, Felix Grima, Jean B. Dejan, aine, Denis Prieur, Charles Claiborne, Mandeville Marigny, Madam E. Grima, Widow Sabatier, A. Fournier, E. Mazureau, E. Rivolet, Claude Gurlie, The Mayor of the City of New U.S. 503 (1846)

handle is hein.slavery/ussccases0297 and id is 1 raw text is: JANUARY TERM, 1846.- 503 Michoud et al. -v. Girod et al. the record shait have been transmitted to an inferior tribunal. But, independently-of these irregularities, we think that this court Jmve no jurisdiction under the act of Congress, and on this ground this suiris dismissed. ANTOINE MIcHuoiD, JOSEPH MAIE GIROD, GABRIEL MONTAXAT, FEr LIx GrEiA, JEAN B. DYAN, AiNi DENIS PRIEUR, CHARLES CLAI- BORNE, MANDEVILLE MARIGNY, MADAx E. GmRu, WIDOW SABA- TIER, A. FOURNIER, E. MAZUREAv, E. RIVOLET, CLAUDE GunLIE, THE MAYOR 6F THE CITY OF NEW ORLEANS, THE TREASURR or THE CHARITY HOs PITAL, AND THE CATHOLtC ORPHNt'S AsYLUM, APELLANTS, V. PERONNE BERNARDINE GIROD, WIDOW OF J. P. H. PARGOUD, RESIDING AT ABERVILLE, IN THE DUCHY OF SAVOY, f.RO- SALIE GIROD. WIDOW oF PHILIP-ADAm, BESIDING AT FAVEEGES, IN THE DUCHY OF SAVOY, ACTING FOR THEMSELVES AND IN BEHALF OF THEIR COHEIRS OF CLAUDE FRANgois GIROD, TO WIT, Louis- Jo- SEPH POIDEBARD, FRANoIS S. POIDEBARD, DENIS P. POIDEBAfiD, WIDOW Or P.NicouD; JACQUELINE PO6EBARD, WIFE OF MARIE RIVOLET; CLAUDINE POIDEBARD, WIDOW OF P. F. POIDEBARD; AND M. R. POIDEBARD, WIFE or ANTHELDIE VALLIER, AND ALSO OF FRAN~ois QUvTAND JEAN Wf.-F. QUETAND, MAIEJ QUETAND, WIFE or J. M. AVIT ; F ANSOISE °QVETAND,- WIFE or J.A: ALLARD; MIA- RIE R..QU TAND, MARIE B. QUETAND ; ALSO OF J. F. GiiOt, JEANNE P. GIROD, WIE OF CLEMENT ODONINO, F. CLEMENTINE GIROD, WIFE OF P. F. PEENOISE, AND JEAN MICHEL GIROD,. DEFEND-NTS. A person cannot legally purchase on his own account that which his duty or trust requires him to sell on account of another, nor purchase on account of another that which he sells on his own account. He is not allowed to unite the two opposite characters of buyer and seller. A purchase, per interpositam personan, by a trustee or agent, of the particular property of which he has the sale, or in which he represents another, whether: he has an interest in it or not, carries fraud on the face of it. This rule applies t, a purchase by executors, at open sale, although they were em- powered by the ' -ill to sell the estate of their testator for the benefit of heirs and legatees, a part of which heirs and legatees they themselves were. A purchase so made by executors will be set aside. The decisions of the courts of several States, upon this subject, examined and rea marked upon. Relaxations of this rule of the civil law, which were made in some countries of Europe, were not adopted by the Spanish law, and of course never reached Lou- isiana. Nor were those' relaxations carried so far as to allow a testamentary or dative executor to buy the property which he was appointed to administer. The maxims and qualifications of the civil law, upon this point, examined. Although courts of equity generally adopt.the statutes of limitation, yet, in a case of actual fraud, they will grant relief within the lifetime of either of the par- ties upon whom the fraud is proved, or within thirty years after it has been dis- covered or become known to the party whose rights are affected by it. Within what time a constructive trust will be barred must depend upon the circum- stances of the case, and these are always examinable. Acquittances given to an executor, without a full knowledge of au the circum- stances, where such information had been withheld by the executor, and menaces and promises thrown out to prevent inquiry, are not binding.

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