AI Structured Summary
Not yet generated for this judgment
Judgment
1 paragraphs · 117 words
Maclean, C.J.—I think this case is very near the line, but, upon the best consideration I am able to give to it, the decree in the previous suit must, in my opinion, be regarded as one against the present Plaintiff personally, and not as against him in his character of shebait, in which view the trust property could not properly be sold in execution in that suit, and the Plaintiff, in his character of shebait, may successfully complain of that in the present suit. In this view sec. 244 can be no bar to the present suit. I agree, then, with Mr. Justice Rampini that the appeal be dismissed. There will be no costs of this hearing.