HALL v. SMITH

No. 48794.

355 S.W.2d 52 (1962)

Silver HALL, Mabel Hall, Pearl Hall and Myrtle Hall, Appellants, v. J. Hugh SMITH, Respondent.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied March 12, 1962.


Attorney(s) appearing for the Case

Wm. H. Frye, Vogel & Frye, Cape Girardeau, Albert C. Lowes, Buerkle & Lowes, Jackson, for appellants.

Harold B. Bamburg, Clayton, Thompson, Walther & Shewmaker, St. Louis, Wayne L. Townsend, Dittmer, for respondent.


Motion for Rehearing or for Transfer to Court en Banc Denied March 12, 1962.

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...

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