Burke v. Daly
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. It is necessary to the validity of partition sales, that there should be the utmost good faith on the part of all persons concerned. — Goode v. Grow, 51 Mo. 241; Stoffel v. Schroeder, 62 Mo. 149 ; Thornton v. Irwin, 43 Mo. 163 ; Grumieyv. Webb, 44 Mo. 448 ; Rea v. Gopelin, 47 Mo. 82.
1Opinion of the CourtBakewell, J.
This is an appeal from an order of court affirming the report of sale of a commissioner in a proceeding in partition.
The parties to the partition suit were Mary Burke, who with her husband were plaintiffs, and the four minor children of Mary Burke, who were defendants. The decree found Mrs. Burke and her children entitled each to an undivided fifth of the property, and ordered it to be sold as insusceptible of division. The terms of sale were one-half cash, the balance in one year, with the privilege of paying all cash at a discount of two per cent. James S. Farrar *543was appointed special…
2Cases cited6 opinions
- Kellogg v. CarricoSupreme Court of Missouri · 1870
- Thornton v. IrwinSupreme Court of Missouri · 1869
- German Bank v. StumpfSupreme Court of Missouri · 1880
- Grayson v. WeddleSupreme Court of Missouri · 1876
- Patchin v. BonsackSupreme Court of Missouri · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Roger v. WhithamWashington Supreme Court · 1909