Wiley v. Robert
Supreme Court of Missouri
Appeal from Jefferson Circuit Cowrt. This was an action brought by the sheriff of Jefferson county to recover from Louis Robert the amount bid by him for a certain tract of land at a sale in a partition proceeding, in which said Robert and others were plaintiffs and B. T. Adams defendant. The defendant denied in his answer that a memorandum in writing of the alleged sale had been made by any one lawfully authorized.
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Appeal from Jefferson Circuit Cowrt. This was an action brought by the sheriff of Jefferson county to recover from Louis Robert the amount bid by him for a certain tract of land at a sale in a partition proceeding, in which said Robert and others were plaintiffs and B. T. Adams defendant. The defendant denied in his answer that a memorandum in writing of the alleged sale had been made by any one lawfully authorized. The defendant also set up that after said sale it was agreed between the plaintiff in said partition suit and the defendant therein, Adams, that the latter should keep the land…
1Opinion of the CourtRichardson, Judge
A sheriff’s sale of real estate is within the statute of frauds, and a note or memorandum thereof must be made to bind *390the parties. (Evans v. Ashley, 8 Mo. 177.) W.e think, however, that the memorandum made by the deputy sheriff in this case was sufficient for that purpose. The deputy states that the sheriff handed to him the advertisement and copy of the order of sale in the .partition suit of .Robert v. Adams, and directed him to proceed with the" sale; that he acted as clerk, and Johnson as auctioneer; that the advertisement was first read and then the land was put up in parcels, and as it…
2Cases cited1 opinion
- Evans v. AshleySupreme Court of Missouri · 1843
3Cited by10 opinions
- Briggs v. MunchonSupreme Court of Missouri · 1874
- DeSteiger v. HollingtonMissouri Court of Appeals · 1885
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Green v. TittmanSupreme Court of Missouri · 1894
- Tull v. DavidSupreme Court of Missouri · 1870
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