Haynes v. Montgomery
Supreme Court of Arkansas
Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; statement by the court. This suit is by Reota Haynes, formerly Reota Arnold, for 80 acres of land, and for the canceling of certain conveyances of same, and for an accounting of the rents and profits. Benjamin F. Arnold died in 1895 in Randolph County, leaving him surviving, appellant, his only child and heir, about five years old, who afterward married Haynes.
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Appeal from Randolph Chancery Court; George T. Humphries, Chancellor; statement by the court. This suit is by Reota Haynes, formerly Reota Arnold, for 80 acres of land, and for the canceling of certain conveyances of same, and for an accounting of the rents and profits. Benjamin F. Arnold died in 1895 in Randolph County, leaving him surviving, appellant, his only child and heir, about five years old, who afterward married Haynes. His estate consisted of eight or ten head of cattle, a mule and wagon, some household goods, and the land in controversy, the northeast quarter of the northeast…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Was Montgomery, the guardian, under such disability to purchase these lands as that they will be charged with a trust in his hands and those of his vendee with notice ?
In Hindman v. O’Connor, 54 Ark. 633, this court said: “As a general rule, a party occupying a relation .of trust or confidence to another is in equity bound to abstain from doing everything which can place him in a position inconsistent with the duty or trust such relation imposes on him or which has a tendency to interfere with such duty. Upon this principle no one placed in a situation of…
2Cases cited2 opinions
- Clements v. CatesSupreme Court of Arkansas · 1887
- Imboden v. HunterSupreme Court of Arkansas · 1861
3Cited by5 opinions
- Sorrels v. ChildersSupreme Court of Arkansas · 1917
- Jonas v. DunnSupreme Court of Oklahoma · 1928
- McLaughlin v. MorrisSupreme Court of Arkansas · 1921
- Sconyers v. SconyersSupreme Court of Arkansas · 1919
- Stokes v. LandremSupreme Court of Arkansas · 1929