Parketon v. Schlueter

• Decision Date: 14 June 1898
• Parties: PARKETON et al. v. SCHLUETER et al.
• Court: Missouri Supreme Court

46 S.W. 1134

PARKETON et al. v. SCHLUETER et al.

Supreme Court of Missouri, Division No. 2.

June 14, 1898.

Appeal from circuit court, Cape Girardeau county. Suit by William Parketon and Eliza Parketon against Andrew H. Schlueter and others. There was a decree for defendants, and plaintiffs appeal. Affirmed.

Wilson Cramer and T. D. Hines, for appellants.

SHERWOOD, J.

The plaintiffs, who had conveyed a certain tract of land by deed of trust, sought to set aside a sale made under such deed after default made in the payment of the note and interest secured thereby, the beneficiary under the deed being the purchaser, and also to set aside a deed made by the beneficiary to a third person, who, it is alleged, was a purchaser, with notice. The ground for setting aside the deed to the beneficiary is that he agreed with Parketon prior to the sale that he would bid the land in at the trustee's sale, take a deed therefor, and then let Parketon redeem the land in a few days thereafter, upon payment of balance due on the note, expenses of sale, etc. There was no consideration mentioned in the petition for such an agreement, nor was there any proven, nor was there any such agreement established between Parketon and Schlueter in the opinion of the lower court, nor was there any fraud shown. Taking these things as true, it becomes unnecessary to discuss whether Byrd purchased with notice from Schlueter or not. The circuit court very properly found the issues for the defendants, and the decree which dismissed the petition is hereby affirmed. All concur.