Staples v. Shackleford
Supreme Court of Missouri
'Error to Cooper Circuit Court. — Hon. G. F. Longan, Special Judge. (1) The plaintiff’s petition, although voluminous, stated a good cause of action, and entitled him to the relief sought. Turner v. Johnson, 95 Mo. 431; Rose v. Bates, 12 Mo. 50; O’Fallon v. Clopton, 89 Mo. 288. (2) The trustee, Shackle-ford, being both seller and buyer, his sale is subject to be set aside or vacated. McKee v. Spiro, 107 Mo. 542. He can not buy at his own sale.
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'Error to Cooper Circuit Court. — Hon. G. F. Longan, Special Judge. (1) The plaintiff’s petition, although voluminous, stated a good cause of action, and entitled him to the relief sought. Turner v. Johnson, 95 Mo. 431; Rose v. Bates, 12 Mo. 50; O’Fallon v. Clopton, 89 Mo. 288. (2) The trustee, Shackle-ford, being both seller and buyer, his sale is subject to be set aside or vacated. McKee v. Spiro, 107 Mo. 542. He can not buy at his own sale. (3) He occupied a fiduciary capacity and his gains belong to the plaintiff. Ins. Oo. v. Smith, 117 Mo. 261. (4) The defendant, Shackleford, as trustee,…
1Opinion of the CourtEobinson, J.
Plaintiff commenced this action in tbe Cooper county circuit court on tbe 19th day of April, 1895, and afterwards, on tbe T4th day of June, filed an amended petition, which is tbe basis of this controversy.
*474Defendant D. W. Shackleford filed an answer. Defendant W. Speed Stephens demurred on the grounds, first, that he was not a necessary or proper party defendant; second, because the petition failed to state facts sufficient to constitute a cause of action against him; third, because the allegations of the petition showed that he had no connection with, or personal interest in, any of the…
2Cited by1 opinion
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