Mosher v. Van Buskirk

144 A. 446 (1929)

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Nature of the Case

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Facts

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.