Northcraft v. Martin
Supreme Court of Missouri
Appeal from ' St. Louis Land Cowrt. Demurrer to a petition. Plaintiffs alleged substantially that Lewis Martin died leaying plaintiffs and defendants in this suit his sole heirs ; that all of said heirs joined in a petition for partition of certain premises that had descended to them as heirs of said Martin; that a decree or order of sale was made; that a sale was made and the sheriff acting under the said order sold the premises to the defendant William C. Martin; that…
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Appeal from ' St. Louis Land Cowrt. Demurrer to a petition. Plaintiffs alleged substantially that Lewis Martin died leaying plaintiffs and defendants in this suit his sole heirs ; that all of said heirs joined in a petition for partition of certain premises that had descended to them as heirs of said Martin; that a decree or order of sale was made; that a sale was made and the sheriff acting under the said order sold the premises to the defendant William C. Martin; that immediately prior to said sale by the sheriff and on the day of the sale an agreement was entered into by and between said…
1Opinion of the CourtRichardson, Judge
It is unnecessary to decide whether the demurrer was improperly sustained for the reasons assigned by the plaintiff, because, in our opinion, for other reasons, the petition stated facts sufficient to constitute a cause of action. If William C. Martin, after making the agreement with the heirs, purchased the property at the sale in partition under the cir*471cumstances stated in the petition, he became clothed with a trust for all the parties interested in the sale, which he could not throw off without committing a fraud. The legal title to the land by the sale Tested in him, but he held it in…
2Cases cited1 opinion
- State v. RandolphSupreme Court of Missouri · 1858
3Cited by7 opinions
- Mitchell v. Health Culture CompanySupreme Court of Missouri · 1942
- Comings v. Hannibal & Central Missoum RailroadSupreme Court of Missouri · 1871
- Baker v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Greenwood v. New York Life InsuranceMissouri Court of Appeals · 1887
- Easley v. PrewittSupreme Court of Missouri · 1866
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