Layton v. Hogue
Layton v. Hogue
Opinion of the Court
By the Court,
No statement of evidence accompanied this appeal, and we have nothing before us except the pleadings and the
Hogue, when acting as executor, was occupying an important trust capacity, one which should be discharged with the utmost fidelity, and in which all his acts, when subjected to the closest scrutiny, should disclose nothing which conflicts with honor, shocks conscience, or violates law. By purchasing the land in the manner in which it is shown to have been purchased, the executor, Hogue, accomplished just what the law declared he should not do, and, in every step which he took leading up to the purchase, he occupied a position in which his interest and his integrity were in conflict. His heirs are in no position to ask equity, for their ancestor did not do equity in this matter. We are of opinion that the court below took as charitable a view of his acts as could be taken, and allowed his heirs all that the most indulgent chancellor could have allowed. They certainly are in no position to demand and insist upon anything further. Upon no principle of law or equity with which we are acquainted, or which we have been able to discover, would they be entitled to recover the interest they insist npon. To allow them to do so, would, in effect, be allowing them to reap an advantage from the wrongful and inequitable act of their ancestor. The decree of the court below must be affirmed.
Affirmed.
Reference
- Full Case Name
- A. C. LAYTON and CLARA D. LAYTON v. H. A. HOGUE
- Status
- Published