Dunham v. Hartman
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. The court erred in excluding the written memorandum offered in evidence by plaintiff, being the memorandum made at the sale under the deed of trust, showing that the real estate in question was sold to defendant Hartman.
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Appeal from Johnson Circuit Court. — Hon. W. W. Wood, Judge. The court erred in excluding the written memorandum offered in evidence by plaintiff, being the memorandum made at the sale under the deed of trust, showing that the real estate in question was sold to defendant Hartman. A sheriff, when making a sale under a deed of trust, must be considered as acting officially, and a memorandum made by him on the day of sale, of the party to whom sold and the price bid, is sufficient to satisfy the statute of frauds, and will bind both parties. Barclay v. Bates, 2 Mo. App. 139; Tatum v. Holliday,…
1Opinion of the CourtValliant, J.
This is a suit to recover of defendant damages for refusing to complete a purchase of land which it is alleged was struck off to him on his bid at a foreclosure sale under a deed of trust. Upon the trial at the close of the plaintiff’s evidence the court instructed the jury that under the evidence the plaintiff was not entitled to recover. Plaintiff took a nonsuit with leave, and after an ineffectual motion to set the same aside, brought this appeal.
The evidence tended to show that in 1892, the then *628owners of the land executed a deed of trust to one Youngs, trustee, to secure a debt therein…
2Cases cited8 opinions
- Springer v. KleinsorgeSupreme Court of Missouri · 1884
- Tatum v. HollidaySupreme Court of Missouri · 1875
- Gwathney, Dey Co. v. . CasonSupreme Court of North Carolina · 1876
- Tull v. DavidSupreme Court of Missouri · 1870
- Wiley v. RobertSupreme Court of Missouri · 1858
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3Cited by17 opinions
- Smith v. . JoyceSupreme Court of North Carolina · 1939
- Adams v. BoydSupreme Court of Missouri · 1933
- Shaffer v. HinesMissouri Court of Appeals · 1978
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
- Estate of StephensCalifornia Supreme Court · 2002
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