Legal Opinion

Mitchell v. Berry

Court of Appeals of Kentucky

Decided February 1, 1859PublishedCited by 5 opinions

CASE 51 — PETITION EQUITY APrEAL FKOM CAMPBELL CIKCDIT COUKT. The facts appear in the opinion of the court. This was a mock sale made on the premises, only two persons present, and the guardian ad litem the purchaser at less than the land was worth. The doctrine as to trustees and other fiduciaries becoming purchasers applies to a guardian ad litem — he cannot be a purchaser.

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CASE 51 — PETITION EQUITY APrEAL FKOM CAMPBELL CIKCDIT COUKT. The facts appear in the opinion of the court. This was a mock sale made on the premises, only two persons present, and the guardian ad litem the purchaser at less than the land was worth. The doctrine as to trustees and other fiduciaries becoming purchasers applies to a guardian ad litem — he cannot be a purchaser. (1 White’s Leading Equity Cases, pp. 71, 152, 160, 161,163, 165, 166, 169, and cases there cited; 2 Paige's Rep., —.) Acquiescence of married women by silence amounts to nothing. (Leading Equity Cases, 158, 159.) There…

1Opinion of the Court

JUDGE WOOD

DELIVERED THE OPINION OP THE COURT.4

On the 6th day of August, 1831, Gen. James Taylor, of Newport, commenced his suit in the Campbell circuit court, against the executors, children, and devisees of Taylor Berry, deceased, for the purpose of recovering a debt alleged to have been due from said Taylor Berry to the complainant.

It appears that Taylor Berry, a nephew of Gen. Taylor, at an early period in the history of Missouri, whilst indeed it was still one of the territories of the United States, emigrated from Kentucky to that territory.

In the original bill exhibited by Gen. Taylor…

2Cases cited2 opinions

  1. Hanson v. Buckner'sCourt of Appeals of Kentucky · 1836
  2. Brunk v. MeansCourt of Appeals of Kentucky · 1850

3Cited by5 opinions

  1. Brennon v. CommonwealthCourt of Appeals of Kentucky · 1916
  2. Jacks v. AdairSupreme Court of Arkansas · 1878
  3. Johnston v. WilliamsCourt of Appeals of Kentucky · 1920
  4. In re Estate of Harris, Superior Court of California, County of San Francisco1908
  5. Witt v. WillisonCourt of Appeals of Kentucky · 1876

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