Legal Opinion

Hines v. Hines

Missouri Court of Appeals

Decided November 12, 1981No. 12253PublishedCited by 2 opinions

1Opinion of the Court

PREWITT, Presiding Judge.

Plaintiff sought partition of real estate owned by him and defendant, as tenants in common. Pursuant to court order the sheriff conducted a sale of the property and defendant, at $45,000, was the high bidder. Defendant could not “come up with the amount” of her bid and the sale was read-vertised and the property sold for $40,100. By motion the sheriff sought judgment against defendant for $4,900. The trial court denied the motion and final judgment was entered.

Plaintiff contends that the sheriff’s method of proceeding was proper under §§ 528.-370 and 513.240, RSMo…

2Cases cited4 opinions

  1. State Ex Rel. Peabody Coal Co. v. PowellSupreme Court of Missouri · 1978
  2. Phelps v. DomvilleSupreme Court of Missouri · 1957
  3. McNamee v. ColeMissouri Court of Appeals · 1908
  4. Hewitt v. LallySupreme Court of Missouri · 1872

3Cited by2 opinions

  1. Parks v. RappMissouri Court of Appeals · 1995
  2. Heritage Insurance Company of America v. James W. McElroy Jr.Court of Appeals for the Eighth Circuit · 1986

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