Sanguinett v. Webster
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. E. Withrow, Judge. (1) The general ground of demurrer being followed by special grounds, only the latter can be considered.
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Appeal from St. Louis City Circuit Court. — Hon. J. E. Withrow, Judge. (1) The general ground of demurrer being followed by special grounds, only the latter can be considered. Boone on Code Pleading, sec. 44; Reveille v. Case, 9 'Mo. 502. (2) Defendants having accepted the trust, obtained the trust property under the trust agreement, sold the property and got the proceeds in their possession and the purposes of the trust being fully accomplished, they must now account with the beneficiary and pay over the funds. 2 Perry on Trusts, sec. 920, p. 580; Pitts v. Sheriff, 108 Mo. 110; Elint on…
1Opinion of the CourtMaceablane, J.
Judgment was .rendered for the defendants upon demurrer to plaintiff’s petition. Plaintiff appealed. The. petition is lengthy but contains substantially the following averments:
It was stated that six named persons owned each small adjoining parcels of land in the city of St. Louis. One of these parcels was owned by each of the plaintiffs in severalty. The land thus divided into small tracts was not susceptible of sale, but was valuable and salable as one tract. Defendants were real estate agents and dealers. Plaintiffs were husband and wife.
Under these circumstances, in the year 1877,…
2Cases cited8 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Hord v. TaubmanSupreme Court of Missouri · 1883
- Thomas v. ThomasSupreme Court of Missouri · 1891
- Pitts v. SheriffSupreme Court of Missouri · 1891
- Bettes v. MagoonSupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sanguinett v. WebsterSupreme Court of Missouri · 1900
- State ex rel. Smith v. JonesMissouri Court of Appeals · 1900
- Wolfsberger v. MortMissouri Court of Appeals · 1904