Murdoch v. Milner
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Miluer was the agent of Murdoch to sell this land; was his agent to pay taxes on same ; his agent to protect the interest of his principal of the tax sale on the 29th of May, 1880, and while acting as such agent he-bought this land at that tax sale, and being thus the agent of Murdoch, it was a fraud on his part, pure and simple, to take title in his own name and for his own use.
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Appeal from Greene Circuit Court. — Hon. W. F. Geiger, Judge. (1) Miluer was the agent of Murdoch to sell this land; was his agent to pay taxes on same ; his agent to protect the interest of his principal of the tax sale on the 29th of May, 1880, and while acting as such agent he-bought this land at that tax sale, and being thus the agent of Murdoch, it was a fraud on his part, pure and simple, to take title in his own name and for his own use. The act at once turned him into a trustee ex malificio. Story on Agency, sec. 211, and notes; Squires’ Appeal, 70 Pa. 268 ; Morris v. Joseph, 1 West…
1Opinion of the CourtNorton, J.
This is a proceeding in equity, Instituted in the circuit court of Greene county, in which it is sought to have defendant declared a trustee for plaintiff of certain real estate described in the petition, and to compel him to account for so much thereof, as he had sold and conveyed. Issue was joined on the petition, and, upon a trial being had, judgment was rendered for the defendant, from' which the plaintiff has appealed on the ground, that under the evidence he was entitled to a judgment and decree in his favor.
It appears from the evidence, as preserved in the record, that plaintiff was a…
2Cases cited4 opinions
- Morris v. JosephWest Virginia Supreme Court · 1866
- Fisher v. Krutz & CampbellSupreme Court of Kansas · 1872
- West Buffaloe Township v. Walker TownshipSupreme Court of Pennsylvania · 1838
- Schedda v. SawyerU.S. Circuit Court for the District of Ohio · 1846
3Cited by3 opinions
- State Ex Rel. Duggan v. KirkwoodSupreme Court of Missouri · 1948
- Mount Vernon Bank v. PorterSupreme Court of Missouri · 1899
- Day v. FayWest Virginia Supreme Court · 1906