Legal Opinion

Grumley v. Webb

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 64 opinions

Jlppeal from, St. Louis Circuit Court. I. The equitable title to the lease is in Grumley. 1. Webb’s permitting Grumley’s improvements to remain on the land for his own benefit, was a fraud upon Grumley’s rights. His procuring the sheriff’s deed of January 31,1857, was a gross fraud in law and in fact upon his principal, Grumley.

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Jlppeal from, St. Louis Circuit Court. I. The equitable title to the lease is in Grumley. 1. Webb’s permitting Grumley’s improvements to remain on the land for his own benefit, was a fraud upon Grumley’s rights. His procuring the sheriff’s deed of January 31,1857, was a gross fraud in law and in fact upon his principal, Grumley. His retaining possession under that deed, excluding Grumley, refusing to account for rents,' and forcing Grumley to sue him, were also gross frauds on Grumley’s rights. And it was because Webb suffered the buildings to remain, and because he had a seeming title, and…

1Opinion of the CourtWagner, Judge

This was a bill in equity to have a renewed lease, procured by the defendant while agent of the plaintiff, declared a trust for the plaintiff, and for an account. The record shows that the plaintiff leased from John O’Fallon an unimproved lot of ground in 1844, and in 1855 completed the building of fifteen houses on it. The lease was to expire January 1, 1864, with a privilege in plaintiff of removing his improvements at any time before its expiration. Just before completing the building of the houses, the plaintiff, by *449a power of attorney, made defendant, who was in the real estate business,…

2Cases cited13 opinions

  1. Grant v. . MorseNew York Court of Appeals · 1860
  2. Vedder v. VedderCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. Jackson v. StackhouseNew York Supreme Court · 1823
  4. Thornton v. IrwinSupreme Court of Missouri · 1869
  5. Kellogg v. WoodNew York Court of Chancery · 1834

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3Cited by64 opinions

  1. Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
  2. Palmer v. ChamberlinCourt of Appeals for the Fifth Circuit · 1951
  3. City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
  4. Dickey v. VolkerSupreme Court of Missouri · 1928
  5. Lind v. WebberNevada Supreme Court · 1913

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