Reed v. Sperry
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) In this cause we have to deal with the most sacred of confidential relations, those between husband and wife. “It has always been found necessary to examine zealously into the transactions whereby the husband gets tbe advantage of the wife.” “The doctrine to be examined arises from the very conception and existence of a fiduciary relation.
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Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) In this cause we have to deal with the most sacred of confidential relations, those between husband and wife. “It has always been found necessary to examine zealously into the transactions whereby the husband gets tbe advantage of the wife.” “The doctrine to be examined arises from the very conception and existence of a fiduciary relation. While equity does not deny the possibility of valid transactions between husband and wife, yet every fiduciary relation implies a condition of superiority held by the one over the other…
1Opinion of the CourtBurgess, P. J.
— This is an action, begun by plaintiffs against the defendants in the circuit court of Daviess county, the object and purpose of which is to have the title to one hundred and twenty acres of land, described in the petition, the legal title to which is now in defendant Samuel Sperry, declared to he held by him in Irust for the plaintiffs.
The petition, in substance, states that the plaintiffs, Alice Reed, Lelia Hill and Forest Sperry, and the defendants, William Sperry, Nearest Sperry and Ruby Sperry, are the only children of the defendant Samuel Sperry and his wife, Miriam Sperry, now…
2Cases cited11 opinions
- Johnson v. QuarlesSupreme Court of Missouri · 1870
- Allen v. LoganSupreme Court of Missouri · 1888
- Curd v. BrownSupreme Court of Missouri · 1899
- Burdett v. MaySupreme Court of Missouri · 1889
- Scrutchfield v. SauterSupreme Court of Missouri · 1894
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3Cited by2 opinions
- Exchange Trust Co. v. GodfreySupreme Court of Oklahoma · 1927
- Robbins v. RobbinsSupreme Court of Missouri · 1914