Boehlert v. McBride
Supreme Court of Missouri
Error to Perry Circuit Court. The sale by the sheriff was a mere snam to evade the law prohibiting him from purchasing at his- own sale. A purchase of the trust estate per interposition personam by a trustee, at an inadequate price, carries fraud on its face. (Smith v. Williams, 12 Mo. 106-9.) He cannot, without an enabling act, purchase at a sale made by himself. (2 Am.
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Error to Perry Circuit Court. The sale by the sheriff was a mere snam to evade the law prohibiting him from purchasing at his- own sale. A purchase of the trust estate per interposition personam by a trustee, at an inadequate price, carries fraud on its face. (Smith v. Williams, 12 Mo. 106-9.) He cannot, without an enabling act, purchase at a sale made by himself. (2 Am. Law Reg. 729, §§ 85, 38, and note; Goode v. Comfort, 39 Mo. 325, 607; Hull v. Voorhis et al., 45 Mo. 555 ; Hill on Trust. 223 ; Jamison v. Glasscock, 29 Mo. 191-8.) He cannot speculate for his private gain with the…
1Opinion of the CourtCurrier, Judge
This is a proceeding in equity, brought to set aside a sale under a deed of trust. The sale sought to be set aside was made on the 2d day of February, 1863. It appears that the trustee died prior to the sale, and that the sale was made by the defendant as sheriff of Perry county. The petition charges that the sale was fraudulent ; that the defendant purchased the property at his own sale, in the name of a third party, at a depreciated price; that he discouraged bidding; and that the sale was made by the sheriff, when it ought to have been made by the legal representatives of the deceased…
2Cited by5 opinions
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- Jackson v. KleinSupreme Court of Missouri · 1959
- In re ShotwellSupreme Court of Minnesota · 1892
- Newman v. NewmanSupreme Court of Missouri · 1899
- Keet & Rountree Dry Goods Co. v. GideonMissouri Court of Appeals · 1899