Legal Opinion

Gray v. Case

Supreme Court of Missouri

Decided January 15, 1873PublishedCited by 2 opinions

Appeal from, Jackson Circuit Court. The contract of sale and purchase was complete, when the property was struck off to appellant and his name was entered in the sale book as purchaser. The sheriff had no power to alter or affect that contract, and the rights of the execution creditors therein, by any subsequent alteration or amendment thereof, made by him.

1Opinion of the CourtWagner, Judge

This was a motion filed under the statute (1 W. S., 610-11, §§ 46, 47,) by the plaintiff us sheriff of Jackson county ^ for judgment against the defendant, for the difference in amount of bids at which defendant bought certain property at sheriff’s sale, and which he refused to pay for, and what the property brought at a re-sale at the same term.

The testimony in the case shows that the property was sold under several executions, and that the defendant bid it in in his own name, and that the entry was made by the deputy sheriff who conducted the sale accordingly. The purchase money was not…

2Cited by2 opinions

  1. Gore v. BurdetteMissouri Court of Appeals · 1914
  2. Moore v. BurdgeCourt of Appeals of Kansas · 1898

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