Burnes v. Burnes
Court of Appeals for the Eighth Circuit
Appeal from tlie Circuit Court of the United States for the Western District of Missouri. These suits present the question whether four of the children of Daniel D. Burnes, deceased, or all the stockholders of the Burnes Estate, a corporation, are the beneficial owners of 300 shares of the capital stock of that corporation, which was the property of Calvin F. Burnes, a brother of Daniel D. Burnes, when he died intestate on July 29, 1896. The capital stock of the corporation…
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Appeal from tlie Circuit Court of the United States for the Western District of Missouri. These suits present the question whether four of the children of Daniel D. Burnes, deceased, or all the stockholders of the Burnes Estate, a corporation, are the beneficial owners of 300 shares of the capital stock of that corporation, which was the property of Calvin F. Burnes, a brother of Daniel D. Burnes, when he died intestate on July 29, 1896. The capital stock of the corporation is divided into 1,000 shares. Each share of this stock is worth $4,000, so that the amount involved in this litigation…
1Opinion of the CourtSanborn, Circuit Judge
The children of Daniel assail the decree, which restores the > ownership of the 375 shares, subject to the monthly charge of $1,000, to the Burnes Estate, upon the grounds (1) that this ownership was never legally vested in that corporation; (2) that, if it was, the corporation was lawfully divested of all interest in it in June, 1000; and (3) that if the transfer from the Burnes Estate to Lewis C. Burnes, in trust for the children of Daniel, in 1900, was illegal or voidable, yet the rule that he who seeks,equity must do equity, and the concealment and injustice inflicted upon them at the…
2Cases cited46 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Grimes v. SandersSupreme Court of the United States · 1876
- Colton v. ColtonSupreme Court of the United States · 1888
- Trice v. ComstockCourt of Appeals for the Eighth Circuit · 1903
- New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
41 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Scott v. BeamsCourt of Appeals for the Tenth Circuit · 1941
- Kinney-Coastal Oil Co. v. KiefferSupreme Court of the United States · 1928
- Richardson v. LoweCourt of Appeals for the Eighth Circuit · 1906
- Wheeler v. Abilene Nat. Bank Bldg. Co.Court of Appeals for the Eighth Circuit · 1908
51 more not listed; retrieve them via the Exa API.