after stating- the case as- above, pro-, reeded: From every circumstance connected " with this case I am led to believe, that Jeffreys bad authority, to sell the land, but was to apply the purchase money, foi* the benefit of the plaintiffs artd others, .interested .in, the deed of trust to Moore', and as,he was -authorized to sell the land, no distrust of his fidelity in accounting for .that purchase money was manifested at the time of the sale. The substance of the complaint then is, not that he sold ; the land, but that the plaintiffs have been. defrauded o&the purchase money; and the question arises whether the-bank is liable for the misconduct of Jeffreys, the trustee ? If there Avas any ground to believe, that there was any collusion or contrivance between the officers of the bank and the trustee, our decision Avould be different. The defendant, the president of the bank, denies that he had notice of any trust, on behalf of the plaintiffs; but. I cannot rest upon that. Jeffreys in his deposition, proves something very much like notice; . He is asked Avhether Boylan knew, that-the plaintiffs Hunt and Harrison had any interest in the sale of the land in controversy. He answers, that-he had, so far as regarded Hunt, And this corresponds with the note of Jeffreys to Hunt, that(i Boylan was at his house, and would wait till he had a return” to that note. But admitting that Boylan had notice, Avhat Avas it ? That Jeffreys had aw. *64thoriiy to sell-the land, and that there was a personal confidence reposed in him, that he would properly apply the proceeds of the sale, for the benefit of those interested in the deed of trust, executed by Davis to Moon. There was no trust or equitable lien upon the land in the deed from Moon to Jeffreys. Jeffreys held a clear title to the land. Butitwas admitted by all concerned, that the sureties had an interest in it. And if Boylan knew it also, how impossible it was for him to know of the particular advances made by each surety, and what particular part of the purchase money he was entitled to receive*. . It appears, that some debts were paid by the sale of the land, for which Jeffreys was personally responsible. But it also appears, that he sold for a great price, more than $ 6000, some of his own lands to the.bank; so that, independently of his own debts paid off by the sale of the two tracts of land, he received bonds and money to a considerable amount; perhaps enough to enable him 1;o do justice to the plaintiffs, if he had had no other resources. 'Bül he has not been called upon by process of law, as far as appears, to come to a settlement with the plaintiffs. And if the hank was even ultimately liable to the plaintiffs, for the purchase money, it would be iniquitous that they should be called upon to pay it twice, when Jeffreys, to whom they have once paid it, had not been called upon to account.
Abona fideyarí-dee, who has notice that there is a personal ■ confidence be.tween the'trustee and cestuis que trust, to sell and divide the purchase money, is’ not affected by equities subsisting between the latter.
And especially he,is not bound t'o notice the right of the ces-tuis que trust to portions of the purchase money where their amount is disputed.
I think, upon the whole view of the case, that as Jef-freys was trusted by those interested to sell the land, he was trusted to receive the proceeds of the sale; and that in the absence of collusion and fraud between liim and the bank, the latter is not liable. None has been proved. Full value was given by the bank for the land, and it does not even satisfactorily appear, that Jeffreys has misapplied the consideration, which the bank gave for the land. But I have not’ particularly adverted to that, as it is not now in contestation between the parties in this suit. I am of opinion that the bill be dismissed with costs.
Bek Cukiam. — Deckee accoKBijjrgut.-