Rusk v. Thompson
Missouri Court of Appeals
Appeal from Harrison Circuit Court. — Hon. G. W. Wanamaher, Judge. (1) There can he no question, but the sale under which defendant purchased was a judicial sale, and the principles governing that character of sale must control. In such a sale the court ordering and approving the sale is regarded as the contracting party on one side, and the bidder on the other.
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Appeal from Harrison Circuit Court. — Hon. G. W. Wanamaher, Judge. (1) There can he no question, but the sale under which defendant purchased was a judicial sale, and the principles governing that character of sale must control. In such a sale the court ordering and approving the sale is regarded as the contracting party on one side, and the bidder on the other. Bliekenderffer v. Hanna, 231 Mo.. 109. (2) A purchaser at a judicial sale to be held liable for the difference between his bid and the amount for which the property is sold on the resale, must be served with a notice, or a rule…
1Opinion of the CourtEllison, J.
Plaintiff is the public administrator of Harrison county and as such, under an order of the probate court of that county, he sold at public sale a certain tract of land to the defendant for the sum of thirteen hundred dollars. The sale was reported to the probate court and was approved. Af-terwards, at the same term, plaintiff filed a motion in that court to set the sale aside for nonpayment of the purchase price, and the court, by its order of record, did so. Plaintiff thereupon resold the land at public sale and it was bid in by a purchaser at eleven hundred and sixteen dollars. No notice…
2Cases cited8 opinions
- Morrison v. BurnetteCourt of Appeals for the Eighth Circuit · 1907
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- Thomas v. ElliottSupreme Court of Missouri · 1908
- Roberts v. St. Louis Merchants' Land Improvement Co.Supreme Court of Missouri · 1895
- Konta v. St. Louis Stock ExchangeMissouri Court of Appeals · 1910
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3Cited by3 opinions
- Inhabitants of the Town of Warren v. NorwoodSupreme Judicial Court of Maine · 1941
- Randall v. PatchSupreme Judicial Court of Maine · 1919
- Limb v. BevinsMissouri Court of Appeals · 1941