2.  A  sheriff,  who  levies  on  and  sells  property,  under  an  execu-
tion issued  on  a  judgment  rendered  without  service  of  process  on
the  defendant,  will  be  liable  as  a  trespasser.  Board  v.  Helm,  2
Met.  502.
TEIAL.
See   Practice.
TRUSTS  AND   TUrSTEES.  503


TEUSTEBS  OF  TOWI^S.
See    Towns.
TEUSTS  AND  TETJSTBES.
I.  Generally.
II.  How  trusts  may  be  created.
III.  Trust  created  by  unrecorded  deed.
IV.  Who  are  trustees,  how  appointed,  and  when  removed.
V.  Eights,  powers,  and  liabilities  of  trustees.
VI.  Eights  and  liabilities  of  cestui  que  trust.
VII.  Liability  of  trust  estate  for  debts  of  cestui  que  trust.
VIII.  When  equity  will  execute  or  enforce  a  trust.
IX.  When  the  act  of  limitation  will  apply.
I.    GENERALLY.
1.  If  property  dedicated  to  religious  usages  be  exchanged  for
other  property,  it  must  be  held  on  the  same  terms,  and  subject  to
the  same  uses.     Harper  v.  Straws,  14  B.  Mon.  52,  53.
2.  If  a  trustee  has  a  discretion  in  the  performance  of  a  trust,  and
the  performance  be  at  a  distance  of  ten  or  twelve  years,  a  pur-
chaser of  the  property  charged  with  the  trust,  will  not  be  respon-
sible for  the  proper  application  of  the  purchase-money.  Sims  v.
Lively,  14  B.  Mon.  449.
3.  If  a  will  directs  that  a  devisee  shall,  out  of  a  devise  to  him  of
land  and  slaves,  with  the  help  of  another  fund  of  uncertain  amount,
pay  a  devise  made  to  another,  and  the  devisee  of  the  land  and
slaves  sells  them  to  a  purchaser  ignorant  of  any  fraud  done  or
intended,  he  will  not  be  responsible  for  the  application  of  the  pur-
chase-money which  he  has  paid.  Sims  v.  Lively,  14  B.  Mon.
447.
