Man sues brother for moving, selling property

Ann Knef Nov. 3, 2010, 11:15am

Two brothers are involved in a lawsuit over alleged confiscated property and fraud.

James D. Murphy of St. Louis filed a lawsuit Oct. 26 in Madison County Circuit Court against his brother Daniel E. Muphy of Godfrey.

James Murphy claims he gave his brother power of attorney on April 13, 2004, but revoked the order a week later on April 20, 2004.

After he revoked the order, James Murphy says his brother began moving his personal property stored in Arnold, Mo., to Madison County. From January 2005 to the present, James Murphy says his brother wrongfully detained or sold more than $387,000 worth of property and automobiles.

James Murphy claims his brother was unauthorized to move or sell his property to a third party because the power of attorney document had been lawfully revoked.

He says he demanded the return of his property or reimbursement for sold items numerous times. James Murphy says his brother was guilty of fraud, breach of fiduciary duty and is responsible to render an accurate accounting for the missing property.

In his complaint, James Murphy seeks the return of his property and reimbursement for any property sold to a third party, plus any additional damages the Court deems reasonable.

Todd W. Sivia of Sivia Business and Legal Services will be representing him

Madison County Circuit Court case number: 10-L-1097.

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