Harper v. Mansfield
Supreme Court of Missouri
Appeal from Audrain Circuit Court. I. Defendant, Mansfield, liad the right to purchase the land at the sale. He was not trustee for the sale of the land. The rule that a trustee cannot purchase at his own sale of property of which he is trustee, has no application to him. The rule is that the trustee cannot purchase from himself. He cannot sustain the two characters of purchaser and seller.
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Appeal from Audrain Circuit Court. I. Defendant, Mansfield, liad the right to purchase the land at the sale. He was not trustee for the sale of the land. The rule that a trustee cannot purchase at his own sale of property of which he is trustee, has no application to him. The rule is that the trustee cannot purchase from himself. He cannot sustain the two characters of purchaser and seller. But defendant, Mansfield, was in no way connected with the trust nor had any control or direction of the sale. (Hill Trust., § 535, [3rd Ed.]; 2Wash. Real Prop., [2nd Ed.] pp. 176, 177, 210; Dempster vs.…
1Opinion of the CourtNapton, Judge
This proceeding was instituted by the creditors of Thos. B. Mansfield, who died in Oct., 1871-, to set aside the sale of the decedent’s farm made under a deed of trust given by said Mansfield to secure the purchase money. The plaintiffs were creditors to the amount of six or seven hundred dollars, .and their claims had been allowed against the estate and placed in the 5th class.
Mansfield, the decedent, had in Eeb’y, 1868, purchased a tract of land lying in Audr.ain County, near Mexico, of 100 *19acres, at the price of a thousand dollars, of a lady named Breckenridge, and had obtained a deed for…
2Cases cited1 opinion
- State ex rel. Wilcox v. DraperSupreme Court of Missouri · 1872
3Cited by8 opinions
- Axman v. SmithSupreme Court of Missouri · 1900
- Briant v. JacksonSupreme Court of Missouri · 1889
- Dillinger v. KelleySupreme Court of Missouri · 1884
- Lunsford v. DavisSupreme Court of Missouri · 1923
- Meyer v. Jefferson InsuranceMissouri Court of Appeals · 1878
3 more not listed; retrieve them via the Exa API.