Hall v. Smith

EAGER, Presiding Judge.

This action was instituted for the purpose of having the purchaser at a partition sale declared to be a constructive trustee for plaintiffs. The court sustained a motion to dismiss and plaintiffs appealed. We shall consider only the last amended pleadings. In their amended petition plaintiffs alleged: that in May 1958 two of the plaintiffs owned undivided one-fourths and the other two an undivided one-half of certain described land in Cape Girardeau County, totalling one hundred acres, more or less; that Silver Hall and Mabel Hall had formerly been husband and wife;…