This section contains the nature of the case and procedural background.

The title to the land was in the adult children and two infant grandchildren of William. An adult heir filed a bill for partition. At the partition sale Van Buskirk (D), one of the heirs, was the purchaser at $5,000, under an arrangement among the adult heirs that she should bid in the land and hold it in trust for them for an advantageous price at private sale. Her co-conspirators authorized her to sell for not less than $14,000. The entire purpose was to exclude the infant grandchildren. Van Buskirk (D) entered into a contract to sell two of the three tracts, forty-eight acres, to the Herbert (D) for $15,000. P got cold feet and filed this bill to have a trust declared in favor of all the heirs, including the grandchildren. Herbert (D) filed a counter-claim to enforce the contract of sale.

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