Cooley v. Rankin
Supreme Court of Missouri
APPEAL from Jefferson Circuit Court. 1. Bryant has no legal title to the 148 acres of land sold to Korine. 2. A trustee cannot sell trust property and purchase it himself. .3. The administrators of Bryant changed the nature of the contract, overreached the appellant, defrauded him, and conveyed him no specific title for the land he contracted to purchase of said Bryant. 4 Howard’s R., p. 503. 4. To the 89 acres of the land sold by Paul Kingston and wife to said Bryant, the…
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APPEAL from Jefferson Circuit Court. 1. Bryant has no legal title to the 148 acres of land sold to Korine. 2. A trustee cannot sell trust property and purchase it himself. .3. The administrators of Bryant changed the nature of the contract, overreached the appellant, defrauded him, and conveyed him no specific title for the land he contracted to purchase of said Bryant. 4 Howard’s R., p. 503. 4. To the 89 acres of the land sold by Paul Kingston and wife to said Bryant, the title is not good, the deed not being properly authenticated. Territorial laws, p. 422. 5. Rankin could not purchase of…
1Opinion of the Court
Napton J.,
delivered, the opinion of the Court.
This was a bill in chancery to enjoin a judgment at law, upon the foreclosure of a mortgage, against the complainant, Cooley, for about three thousand dollars. The administrators of David Bryant obtained a judgment against Cooley, in 1846, and an injunction was granted by the Cir*643cuit Court, in that year; but at the hearing, the injunction was dissolved and the bill dismissed.
From the bill, answers and exhibits, the following facts appeared undisputed.
On the 19th of February, 1834, David Bryant and Lawson Cooley entered into an agreement, by which…
2Cases cited1 opinion
- Widow of Mackay v. DillonSupreme Court of Missouri · 1841
3Cited by11 opinions
- Tavenner v. BarrettWest Virginia Supreme Court · 1883
- Stevens v. HamptonSupreme Court of Missouri · 1870
- 11 Collier bankr.cas.2d 648, Bankr. L. Rep. P 70,061 in Re Hartman Paving, Inc., South Berkeley Lumber & Supply, Inc., Debtors-In-Possession. Thomas G. Pyne v. Hartman Paving, Inc.Court of Appeals for the Fourth Circuit · 1984
- Key v. JenningsSupreme Court of Missouri · 1877
- Mitchell v. McMullenSupreme Court of Missouri · 1875
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