Chesley ex rel. Self v. Chesley
Supreme Court of Missouri
Error to Hannibal Court of Common Pleas. I. The creditor, after volunteering relief on professed motives of personal friendship, and thereby evoking from plaintiff an advisory confidence, could not employ such relation to plaintiff’s injury. (1 Sto. Eq. Jur. 317, § 329; Smith v. Ray, 7 H. L. C. 779-80 ; Foote v. Foote, 58 Barb. 258.) n.
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Error to Hannibal Court of Common Pleas. I. The creditor, after volunteering relief on professed motives of personal friendship, and thereby evoking from plaintiff an advisory confidence, could not employ such relation to plaintiff’s injury. (1 Sto. Eq. Jur. 317, § 329; Smith v. Ray, 7 H. L. C. 779-80 ; Foote v. Foote, 58 Barb. 258.) n. The creditor,' in response to plaintiff’s request that he would bid in the property to save it from sacrifice, having given assurance that he would do what was right about it, and having paralyzed plaintiff’s efforts to redeem, by assuring her trustee that the…
1Opinion of the CourtWagner, Judge
The suit was brought to set aside a sale of real property made by a trustee acting under a deed of trust, and asking to redeem, etc. The property sold consisted of a lot of ground in Hannibal, and there were three distinct tenements upon it, situated some distance separate and apart from each other. Stillwell was the beneficiary in the deed and the purchaser at the sale, and the case clearly shows that the property was bought in at an under-value.
The charges of fraud made in the bill are hardly sustained by the evidence. It is unquestionably true that Stillwell, prior to the sale, did make…
2Cases cited4 opinions
- Goode v. ComfortSupreme Court of Missouri · 1866
- Carter v. AbshireSupreme Court of Missouri · 1871
- Judge v. BoogeSupreme Court of Missouri · 1871
- Gray v. ShawSupreme Court of Missouri · 1851
3Cited by12 opinions
- Sherwood v. SaxtonSupreme Court of Missouri · 1876
- Kelly v. HurtSupreme Court of Missouri · 1875
- Harlin v. NationSupreme Court of Missouri · 1894
- West v. AxtellSupreme Court of Missouri · 1929
- Axman v. SmithSupreme Court of Missouri · 1900
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