Fleming v. Cardwell
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The complaint states a cause of action under Kirby’s Dig. § 5789. Cardwell and Bray were commissioners to make partition, and the purchase and sale were void. Ib. § § 577^-9> 5780-1-2-3 and 4. 2. As commissioners, their relations were inconsistent with being purchasers. 112 S. W. 373-381. Their duties created a trust.
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Appeal from Greene Chancery Court; Edward D. Robertson, Chancellor; 1. The complaint states a cause of action under Kirby’s Dig. § 5789. Cardwell and Bray were commissioners to make partition, and the purchase and sale were void. Ib. § § 577^-9> 5780-1-2-3 and 4. 2. As commissioners, their relations were inconsistent with being purchasers. 112 S. W. 373-381. Their duties created a trust. Kirby’s Dig. § 5781. 3. Sound policy forbids one who has a duty to perform with reference to a sale to become a purchaser. Brown v. Nelms, 112 S. W. 373; 20 Gratt. (Va.) 1; Kirby’s Dig. § 5789. Reviews…
1Opinion of the CourtHart, J.
William Barr died seized of certain lands in Greene County, Arkansas. His heirs at law brought suit in the Greene Chancery Court for partition of the lands. William Guiñe Fleming, the plaintiff herein, and his brother, C. V. Fleming, who were his grandchildren, and who eaoh inherited an undivided one-eighth interest in his estate, were parties to the suit. John R. Thompson, J. F. Cardwell and E. S. Bray were appointed commissioners to examine and make partition of said lands. Thompson failed to qualify as commissioner; but Card-well and Bray proceeded to act, and reported to the court that…
2Cases cited4 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- West v. WaddillSupreme Court of Arkansas · 1878
- Livingston v. CochranSupreme Court of Arkansas · 1878
- McGee v. RussellSupreme Court of Arkansas · 1886