Sharpley v. Plant
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Miss Sharpley and others, appellants, were complainants in the court below; Plant, appellee, was defendant there. The purpose of the suit was to remove clouds from title to land. In April, 1888, W. B. Sharpley, complainants’ ancestor, executed a deed of trust conveying all of his lands to one Weisel, as trustee, to secure a large debt to Stern Brothers.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Miss Sharpley and others, appellants, were complainants in the court below; Plant, appellee, was defendant there. The purpose of the suit was to remove clouds from title to land. In April, 1888, W. B. Sharpley, complainants’ ancestor, executed a deed of trust conveying all of his lands to one Weisel, as trustee, to secure a large debt to Stern Brothers. The deed provided that, if, from any cause, the trustee named became unable or unwilling to execute the trust, the beneficiaries, or their assigns, under their hands…
1Opinion of the CourtCalhooN, J.
In sales made by executors, administrators and all other trustees, uberrima fides is the inflexible rule of law. In making the sale the trustee ‘£ cannot bring others into his confidence, by reason whereof a private sale is made to them on the secret understanding that he is to take an interest or benefit. ’ ’ McGowan v. McGowan, 48 Miss., 553. This doctrine is apparently universal, and it is essential, in order to preserve integrity and good faith in the immense mass of business dealings among men, where confidence is reposed. In this view, there can be and is no difference or distinction…
2Cases cited3 opinions
- Learned v. MatthewsMississippi Supreme Court · 1866
- McGowan v. McGowanMississippi Supreme Court · 1873
- McCarley v. Board of SupervisorsMississippi Supreme Court · 1880
3Cited by5 opinions
- Cox v. American Freehold & Land Mortgage Co.Mississippi Supreme Court · 1906
- Watson v. PerkinsMississippi Supreme Court · 1906
- Webb v. BilesMississippi Supreme Court · 1942
- Jones v. StampsMississippi Supreme Court · 1919
- Thompson v. PoeMississippi Supreme Court · 1913