Gibson v. Herriott
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court in chancery. John A. Williams, Judge. 1. We accept the rule that a trustee to sell for others cannot, either directly or indirectly, purchase for his own benefit. 41 Ark., 269. But in this case there is no proof of fraud, and the only evidence is the slight presumption which might arise from the fact that three days after the sale the administratrix bought in her own right from the purchaser.
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APPEAL from Jefferson Circuit Court in chancery. John A. Williams, Judge. 1. We accept the rule that a trustee to sell for others cannot, either directly or indirectly, purchase for his own benefit. 41 Ark., 269. But in this case there is no proof of fraud, and the only evidence is the slight presumption which might arise from the fact that three days after the sale the administratrix bought in her own right from the purchaser. See 33 Ark., 585. The sale was made fairly and honestly, and without collusion or fraud. The sale was valid at the time it was made, and no subsequent act of the…
1Opinion of the CourtBattle, J.
Solomon Walton died on the 4th of November, 1876, in Jefferson county in this State, intestate, leaving Belle Herriott, Rosa E. Lindsay, Kate Hinton and Sallie E. Whitley, who were his children, his only heirs him surviving. He was at the time of his death a married man, and left his wife, M. A. Walton, who is now the wife of John W. Gibson, surviving. At his death he was the owner of personal property and about 860 acres of land, of which 265 acres were cleared and in cultivation; and was much in debt. Shortly after his death Mrs. Walton administered on his estate; and sometime thereafter…
2Cases cited19 opinions
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- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
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- Wagner v. BairdSupreme Court of the United States · 1849
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3Cited by42 opinions
- Allison v. CrummeySupreme Court of Oklahoma · 1916
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- McKneely v. TerrySupreme Court of Arkansas · 1896
- American Mortgage Co. v. WilliamsSupreme Court of Arkansas · 1912
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
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