John Archibald Campbell

Name: Long v. O'Fallon — Opinion of the Court
Author: John Archibald Campbell

Summary

“Long v. O'Fallon — Opinion of the Court”, is a work by John Archibald Campbell. It explores elements such as McAllister, Gabriel Long and administrator.

Quotes from Long v. O'Fallon — Opinion of the Court (John Archibald Campbell)

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ According to the laws of Missouri, Gabriel Long had no estate in the land embraced by the mortgage deed. The land was held as a security for the debt, and could be subject to sale only as the property of the mortgagor, and in the mode adopted by the administrator-by decree of a court-the sale to be made by the sheriff.
An administrator may buy goods of his intestate at sheriff's sale, (Haddix v. Haddix, 5 Lett., 204;) and so at an open and public sale, without fraud, an executor may purchase the property of his testator. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ We have been unable to find any one well-considered case to sustain the right of an executor to become the purchaser of property which he represents, or any portion of it, even at a fair price at public sale, without fraud. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ An administrator who purchases land under a judgment in favor of the intestate, holds it as a trustee. It must be intended that an administrator so purchasing, does so at the request and for the benefit of the heirs. He is a trustee for the heirs, and cannot divest himself of the trust. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ Where lands in the hands of a party stand affected with a trust, and the person in whose hands they so stood has sold them to a third person, the cestui que trust has the right to follow the lands into the hands of any one but an innocent purchaser. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ But, in the present instance, the defendant is a purchaser in good faith, and is entitled to hold the property, exempt from the claims of the plaintiffs. (Rayner v. Pearsall, 3 John. Ch. R., 578.)
Nor can the title for the defendant to the three small fractional sections entered by McAllister at the land office, and which were purchased from him by the defendant after his patent from the United States had been issued, be successfully questioned by the plaintiffs. The estate conveyed to Long by McNair, in mortgage, was known to be without value in 1824. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ In 1817, the survey ordered by the board was made, but the surplus quantity was thrown off from the south side of the tract instead of the west, by which means fractional sections 26, 27, 33, 34, and 35, of townships 46, range 7 east, were reunited to the body of public lands. ”

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Source: Wikisource

John Archibald Campbell, Long v. O'Fallon — Opinion of the Court

“ Louis county, said McAllister charged himself with the following debts, as due to said Long's estate from Alexander McNair, viz: note on McNair, $1,889, drawing 10 per cent.; note on McNair, $100; debt on McNair, $340; in all, $2,329. That in the settlement of said McAllister, as such administrator, in said court, at the February term, 1828, he was credited by the same amounts charged against him in inventory, the same being desperate as he stated in said settlement.'
It is admitted that Mrs. Long, wife of Gabriel Long, after his death, married Alexander McAllister ”

John Archibald Campbell

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Quotes from Long v. O'Fallon — Opinion of the Court (John Archibald Campbell)

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