Lange and Others v Liesching and Others [1880] ZASCCGH 15 (12 March 1880)

Alienation of Property by Fiduciary.-Trustee in Insolvency:-Remedy of Fidei Commissaries.-Rei vindicatio.Restitutio in integrum.-Sale ex decreto judicis.

Where a trustee in insolvency sold to a stranger, by public auction after due notice, a piece of land registered as the property of the insolvent, but of which he was only fiduciary proprietor, as by the mutual will of his parents, the land could only be alienated to one or more of the children, grandchildren, or lawful descendants of the said testator or testatriw; and the fidei commissaries, though of full age and aware of the sale, did not protest against it at the time, but subsequently brought an action for the recovery of the land against the purchaser, who had bought it in ignorance of the fidei commissum. Held, that they could not so recover it, and that the purchaser's title to it was good.