Legal Opinion

Hunter v. Hunter

Supreme Court of Missouri

Decided August 15, 1872PublishedCited by 42 opinions

Error to Buchanan Court of Common Pleas. I. Trustees, agents, administrators, guardians, attorneys or others, whose connection with any other person is such as to establish a confidential relation between them concerning the property of such person, or to give them official knowledge and opportunities in regard to such property, cannot become the purchasers of' such property, even though the sale be at public auction.

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Error to Buchanan Court of Common Pleas. I. Trustees, agents, administrators, guardians, attorneys or others, whose connection with any other person is such as to establish a confidential relation between them concerning the property of such person, or to give them official knowledge and opportunities in regard to such property, cannot become the purchasers of' such property, even though the sale be at public auction. (Thornton v. Irwin, 43 Mo. 153-168.) It makes no difference that the agent committed no actual fraud, or that no injury resulted to the parties in interest; the law avoids the…

1Opinion of the CourtAdams, Judge

This suit was originally commenced against both defendants, but was compromised and dismissed as to Whitehead and continued *448against the other defendant, Hunter. The facts, as they clearly appear from the pleadings and proofs, are these: The plaintiffs, Marcus L. Hunter and Mary Jane Buntain, are brother and sister, who, when they were small children, resided with their parents in Buchanan county; and their parents died, leaving them the owners in fee of 160 acres of land in Buchanan county. These infants were removed to the State of Illinois, and are still residents of that State. The…

2Cases cited2 opinions

  1. Keeton's Heirs v. Keeton's AdministratorSupreme Court of Missouri · 1855
  2. Magwire v. TylerSupreme Court of Missouri · 1870

3Cited by42 opinions

  1. Bent v. PriestSupreme Court of Missouri · 1885
  2. Modine Manufacturing Company v. CarlockSupreme Court of Missouri · 1974
  3. Branner v. KlaberSupreme Court of Missouri · 1932
  4. Branch v. LambertOregon Supreme Court · 1922
  5. Murphy v. DeFranceSupreme Court of Missouri · 1891

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