McGaughey v. Brown
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court, in Chancery. Hon. F. J. Wise, Special Circuit Judge. STATEMENT. At a sale of his intestate’s lands made by McGaughey as administrator of the estate of Fountaine Brown, deceased, on the 2d day of March, 1868, the lands were purchased by James A. Brown upon a credit of twelve months, and after-wards the sale was reported to and confirmed by the probate court.
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APPEAL from Jefferson Circuit Court, in Chancery. Hon. F. J. Wise, Special Circuit Judge. STATEMENT. At a sale of his intestate’s lands made by McGaughey as administrator of the estate of Fountaine Brown, deceased, on the 2d day of March, 1868, the lands were purchased by James A. Brown upon a credit of twelve months, and after-wards the sale was reported to and confirmed by the probate court. The purchase by Brown was made for the administrator and by his procurement, and upon the expiration of the term of credit Brown paid for the land with funds furnished by the administrator and received…
1Opinion of the Court
OPINION.
Cockrill, C. J.
1. Trust: Purchase «of trust es-1t a te by trustee. We must regard the proof in this case as establishing the fact that James A. Brown acted as the agent of James A. McGaughey in purchasing the lands in controversy and conveying them to his wife, the mother of the principal appellants. Brown was only the instrument used to convey the title from McGaughey, as administrator, to McGaughey’s wife, the consideration being paid by McGaughey. As MeGaughey expected to derive a benefit fr.im the lands through the right of his wife, the purchase was a violation of his trust. The…
2Cases cited3 opinions
- Marsh v. WhitmoreSupreme Court of the United States · 1874
- Morgan v. HamletSupreme Court of the United States · 1885
- Ives v. AshleyMassachusetts Supreme Judicial Court · 1867
3Cited by25 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
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