case Le croy against Eastman the question be whether a trustee of SouthSea  stock shall answer the value of the stock when sell by he or only be  Accountable for stock and dividend modern report er p resolve in favour of the  trustee upon the circumstance of the case S c Eq Abr Le croy buy nine hundred  and ninety pound SouthSea stock of Le grand but not care to have this stock in  his own name it be at his desire transfer to the defendant from who the  plaintiff take a note declare that he be a trustee of this stock for the  plaintiff and that he will be Accountable to he for the stock and produce  afterward when the stock be sell for about six hundred per modern report cent  the plaintiff desire that the defendant will transfer the nine hundred and  ninety pound stock to he the defendant accord transfer five hundred pound of  this stock and tell the plaintiff that it will be inconvenient to he at that  time to transfer more but that it be all one for he will be Accountable for  the stock and advice the plaintiff as a friend not to part with that five  hundred pound stock which he have transfer to he for he be very sure stock  will rise very considerable which advice the plaintiff admit he so far follow  as that the five hundred pound be still unsold believe the defendant to have a  great insight into these matter than himself upon the fall of the stock the  plaintiff bring his bill against the defendant pray that he may account for  the four hundred and ninety pound stock at the price the stock then go  videlicet six hundred pound insist that when the defendant tell the plaintiff  that he will be Accountable for the stock he understand he to mean at the  price the stock then go it appear by the defendant answer that the defendant  have some time after he be a trustee mortgage a thousand pound stock to the  SouthSea company for four thousand pound and that afterward the defendant sell  out all the stock he have in his own name except eighty pound but that he have  more than stock enough in another person name to have answer the trust if the  plaintiff have insist upon a transfer and he now offer to transfer to the  plaintiff the four hundred and ninety pound stock and produce Parker Lord  chancellor it be not material to prove at what rate the defendant sell the  stock for the sale be at his own risk if the stock have rise he will still  have be Accountable for the stock not the money and therefore as he must have  stand to the loss in case of the rise of stock it be reasonable he shall reap  the advantage upon a fall indeed if the plaintiff have sustain any loss by the  trustee meddle with the trust stock he ought to have a satisfaction for it but  nothing of this appear modern report on the contrary he believe the stock will  still rise have the five hundred pound stock actual transfer by he unsold to  this day as probable for the same reason he will have have the four hundred  and ninety pound stock still by he in case that likewise have be transfer to  he it be extreme hard to conceive that when the defendant tell he he will be  Accountable for the stock he shall understand he of the money arise from the  sale of the stock when it be plain he take the defendant advice of not sell  and believe the stock will rise and therefore will natural desire as in reason  he may that the defendant will be Accountable for the stock I take it to be  very plain that the defendant have not sell but mortgage the trust stock for  since there be no specificate one hundred pound SouthSea stock from another a  court of equity will never adjudge a man to have break his trust in a high  degree when he may with equal reason be adjudge to have do it in a low and  therefore the stock mortgage must be esteem the stock of the plaintiff the  stock sell that of the defendant the defendant must only account for the stock  and produce let both side bear their own cost in case the defendant have fail  and the stock be worth redeem he think the plaintiff will have have a clear  title to redeem but then the company must have have notice of the trust