Sconyers v. Sconyers
Supreme Court of Arkansas
Appeal from Jackson Chancery Court; Lymcm F. Reeder, Chancellor; A guardian can not buy his ward’s land, and this case falls squarely within 54 Ark. 640; 96 Id. 573; 129 Id. 149. No case is cited by appellee to the contrary. 112 Ark. 141 is not in point. Pom. Eq. Jur.
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Appeal from Jackson Chancery Court; Lymcm F. Reeder, Chancellor; A guardian can not buy his ward’s land, and this case falls squarely within 54 Ark. 640; 96 Id. 573; 129 Id. 149. No case is cited by appellee to the contrary. 112 Ark. 141 is not in point. Pom. Eq. Jur. (3 Ed.), § 961. Uberrima fides is required, aud the benefit to the guardian invalidates the deed or sale. 1. The sale here was open, fair and honest, and the consideration was full, and uberrima fides was exercised, and there was no advantage taken in any way, and the sale was not even voidable. Black on Rescission and…
1Opinion of the CourtSmith, J.
Appellant and appellee are the' sons of. T. J. Sconyers, who died in the year 1905, owning at the time of his death a tract of land in Independence County, which was his homestead. In addition, he owned a tract of land containing two hundred acres in Jackson County. He was survived by six children and a widow, who was the stepmother of the children. In a manner not necessary to state here the Wolff-Goldman Realty Company of Newport acquired three of these shares in the year 1915. The other shares were owned by appellant, appellee and another brother named Oscar. Appellee' had acquired the…
2Cases cited4 opinions
- Reeder v. MeredithSupreme Court of Arkansas · 1906
- Sorrels v. ChildersSupreme Court of Arkansas · 1917
- Haynes v. MontgomerySupreme Court of Arkansas · 1910
- Waldstein v. BarnettSupreme Court of Arkansas · 1914
3Cited by3 opinions
- McLaughlin v. MorrisSupreme Court of Arkansas · 1921
- Montgomery v. First National Bank of NewportSupreme Court of Arkansas · 1967
- Stokes v. LandremSupreme Court of Arkansas · 1929