Northcraft v. Martin

• Decision Date: 31 March 1859
• Parties: NORTHCRAFT et al., Appellants, v. MARTIN et al., Respondents.
• Court: Missouri Supreme Court

28 Mo. 469

NORTHCRAFT et al., Appellants,

v.MARTIN et al., Respondents.

Supreme Court of Missouri.

March Term, 1859.

1. A petition is not demurrable because a judgment is asked not warranted by the averments; the court may grant any relief consistent with the case made and the allegations of the petition.

2. Where in a partition suit a sale of the premises is ordered, and previous to the sale it is agreed between certain parties in interest that one of their number shall bid off the property at such sale unless it brings a certain price, and hold it for the benefit of the parties to the agreement and such others of those interested as may choose to become parties thereto, and that the others shall abstain from bidding at such sale, and he does purchase the property under such agreement; held, that he will hold it in trust for all the parties in interest.

Appeal from St. Louis Land Court.

Demurrer to a petition. Plaintiffs alleged substantially that Lewis Martin died leaving 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 William C. Martin and certain of the heirs of Lewis Martin, by which it was agreed that the premises hereinafter described should be bid off by the said William C. Martin, providing the same did not bring a certain price per foot for different parcels thereof, and that he should hold the said premises for the benefit of the parties to such agreement and such others of the heirs of Lewis Martin as might, upon being notified, elect to become parties to said agreement; that all the other parties to said agreement agreed to abstain from bidding at such sale; that said property was by such arrangement and agreement purchased in by said W. C. Martin at much below its actual value; that most of the same was sold in bulk although susceptible of division; that plaintiffs were notified of the said agreement under which said sale was made, and desired to become parties thereto and have the benefit thereof; that William C. Martin refused to permit them to become parties to said agreement or to have any of the benefits thereof according to its terms, and insists that he...