Harr v. Fordyce
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. Fquity prohibits a purchase by parties in position of trust of confidence. 20 Ark. 381. A trustee can not sell to himself, or for his own benefit. 23 Id. 622; 41 Ark. 264. 2. The trustee had no authority to sell the property as acreage; only by lots. Pie can not sell at great sacrifice.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; 1. Fquity prohibits a purchase by parties in position of trust of confidence. 20 Ark. 381. A trustee can not sell to himself, or for his own benefit. 23 Id. 622; 41 Ark. 264. 2. The trustee had no authority to sell the property as acreage; only by lots. Pie can not sell at great sacrifice. The powers of a trustee are strictly construed ; no presumptions are indulged. 27 Ark. 122. 1. It is cl^ar the trustee had power under the contract and deed to sell by acreage. 72 Ark. 630; 55 Id. 20; 52 Id. 6$. 2. No fraud or dishonesty is…
1Opinion of the Court
Battue;, J.
On the 19th day of August, 1905, S. E. Harr filed a complaint in equity in the chancery court of Prairie County against S. W. Fordyee and the Southwestern Improvement Association, alleging that on the 3d day of January, 1888, Richard Sutcliffe, being the owner in fee of the N. W. section 32, T. 1 S., R. 4 W., in Prairie County, Arkansas, entered into an agreement with the defendant Fordyee that Fordyee would cause the above described property to be platted in convenient shape for a town site with streets and alleys, and cause said plat to be filed in the proper office in the…
2Cases cited1 opinion
- Williams v. NicholSupreme Court of Arkansas · 1886
3Cited by3 opinions
- Blumenstiel v. MorrisSupreme Court of Arkansas · 1944
- Catherina v. PorterSupreme Court of Arkansas · 1918
- Busby v. Worthen Bank & Trust Co., NADistrict Court, E.D. Arkansas · 1979