Kirschner v. Kirschner

• Citation: 20 S.W. 791,113 Mo. 290
• Parties: KIRSCHNER et al. v. KIRSCHNER.
• Decision Date: 28 November 1892
• Court: United States State Supreme Court of Missouri

20 S.W. 791

113 Mo. 290

KIRSCHNER et al. v. KIRSCHNER.

Supreme Court of Missouri, Division No. 1.

November 28, 1892.

EQUITY — TRANSACTIONS WITH FIDUCIARY — GOOD FAITH — SALE OF LAND.

1. It is a recognized doctrine of equity that, where one person has acquired over another a position of superior influence or advantage by reason of relationship, trust, or confidence, the court will require proof of the former that any business dealings between such persons are entirely fair and honest on his part.

2. A transaction between certain heirs and their uncle, (who was also their agent,) culminating in his purchase of their land, reviewed, and held valid.

(Syllabus by the Judge.)

Appeal from circuit court, Buchanan county; OLIVER M. SPENCER, Judge.

Suit by one Clarke and others against Kirschner to rescind a sale of real estate. There was a decree in favor of defendant. Plaintiffs appeal. Affirmed.

Reed, James & Randolph, for appellants. J. W. Mytton and Spencer, Burnes & Mosman, for respondent.

BARCLAY, J.

This is a suit to rescind a sale of real estate in the city of St. Joseph for alleged fraud and undue influence, and for a decree for title accordingly. Plaintiffs are the children of Jacob Kirschner. The husband of each of the married plaintiffs is also joined with her. The defendant, John Peter Kirschner, is the uncle of the principal plaintiffs. He denied the charges of the petition. Upon a trial a finding and decree for defendant resulted, from which plaintiffs appealed.

The following is a sufficient outline of the case for present purposes: In 1869, Jacob Kirschner died, leaving plaintiffs, Joseph, Clara, and Elizabeth, his only children, then aged 10, 7, and 5 years, respectively. Their mother had died 3 years before. The real estate in controversy, situated in St. Joseph, Mo., was inherited by the minors from their father. The defendant, their uncle, administered upon the estate of his brother, Jacob, and, after his discharge as administrator, continued to care for and look after said real estate for the children during their minority, and afterwards, up to the time he purchased the same of them, January 31, 1885. Defendant lives some 3 miles from St. Joseph, Mo., and has lived there for more than 20 years past. Joseph Kirschner, after his father's death, lived at Savannah, Mo., until 1874, when he moved to Clarinda, Iowa, and there resided until January, 1885, when he moved to Montana, and has lived there since. Clara, after the death of her father, was, at seven years of age, taken by defendant, and lived with him as a member of his family until 1882, when she married, and removed to Montana, where she has since resided. Elizabeth, on the death of her parents, was taken to her grandparents in Savannah, Mo., and lived there until her marriage to Mr. Clarke in 1881, since which time she, too, has lived in Montana. After the death of Jacob Kirschner, the interests of his children were wholly looked after by defendant, who collected rents, made repairs, paid taxes, etc. The heirs had nothing whatever to do with the care of the property until they conveyed it to respondent. He was their agent as to the property when he bought it from them. In January, 1885, Joseph Kirschner came to St. Joseph from Montana, and began negotiations for the sale of the property on behalf of his sisters and himself, all of whom were then in Montana. The negotiations culminated in a conveyance to defendant, January 31, 1885. The price paid was $2,500 in cash. The good faith of that transaction forms the subject-matter of the suit.

The idea of the sale to defendant was first advanced by Joseph Kirschner. From the evidence of conversations between him and disinterested parties, corroborated by that of defendant, it appears that defendant...