A person trustee on one subject who buys in a right, which might, in other hands, compete with the right in which he is trustee, must communicate the advantage of his purchase, for behoof of the trust-estate.
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In the count and reckoning betwixt the said parties, there being an article of discharge given in, craving deduction of £.8000, in so far as Sauchie before ever he recovered payment of any part of the sums assigned to him by James Rae, he did advance out of his own means 4300 merks, whereby he purchased a right to a prior comprising led against the Earl of Loudon's estate, which did extend to the payment of the said £.8000, and therefore he ought to have the benefit thereof, and that interest could not be charged upon him as accountable therefore; but the said right ought to be looked upon as Sauchie's own purchase with his own means;—it was answered, That the Earl of Loudon not being anywise debtor to Sauchie proprio nomine, but only assignee constituted by the pursuer, which was only in trust, any right he acquired to a prior comprising of the said estate, can only be looked upon as done in contemplation of that trust, and ought to be accountable for the whole value thereof, with deduction only of such sums as he truly paid, seeing the assignation was for greater sums due by the Earl of Loudon, and the Earl of Marshall, than that whole right acquired amounts to. The Lords did find, that Sauchie ought only to have deduction of such sums as he did truly depurse with the interest thereof et cum omni causa, but ought to be accountable for the superplus, in so far as that right did extend to; in regard that any sums he had advanced, albeit they were his own proper means, yet it was as a person entrusted by the foresaid assignation; but they reserved how far the assignation was onerous, until the whole count and reckoning should be determined.
