Jones v. Babcock
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Adams, J. The sale was fraudulent per se, and was concealed from plaintiff and his grantors until March, 1880. The statute does not run in cases of concealed fraud.— Damschroeder v.. Thias, 51 Mo. 100 ; Blair v. Bromley, 2 Phil. 354; Martins.
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Appeal from the St. Louis Circuit Court, Adams, J. The sale was fraudulent per se, and was concealed from plaintiff and his grantors until March, 1880. The statute does not run in cases of concealed fraud.— Damschroeder v.. Thias, 51 Mo. 100 ; Blair v. Bromley, 2 Phil. 354; Martins. Smith, 1 Dill., 95. The policy of the law forbids that a trustee shall become a purchaser, directly or indirectly, at his own sale; and if he does, such sale may and will be set aside, on the proper and reasonable application of the parties interested.— Richardson v. - Jones, 3 Grill & J. 184 ; Haddix v. Haddix, 5…
1Opinion of the CourtThompson, J.
We shall affirm the judgment in this case upon the sole ground that the bare right to complain of a fraud is not a vendible commodity. “It has always.beeu held,” said Bliss, J., “ that the assignment of a bare right to file a bill in equity, for fraud upon the assignor, is void, as against public policy, and savoring of the character of maintenance.” Smith v. Harris, 43 Mo. 557, 562. He cited to the point, Story Eq. Jur.(sect. 1040 h) ; Prosser v. Edwards (1 You. & Coll. 481); Morrison v. Deaderick (10 *151Humph. 342), and McMahon v. Allen (34 Barb. 56), all of which "sustain this doctine, as do…
2Cases cited3 opinions
- Smith v. HarrisSupreme Court of Missouri · 1869
- Lionberger v. BakerMissouri Court of Appeals · 1883
- McMahon v. AllenNew York Supreme Court · 1861
3Cited by7 opinions
- Johnson v. United Railways Co.Supreme Court of Missouri · 1912
- Weissenfels v. CableSupreme Court of Missouri · 1907
- Harrison v. CravenSupreme Court of Missouri · 1905
- Ryan v. MillerSupreme Court of Missouri · 1911
- Leone v. BearSupreme Court of Missouri · 1951
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