McNamee v. Cole
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. Jesse A. McDonald, Judge. (1) The testimony showed that there was either an omission, by the commissioner and the auctioneer, to state at the public sale the actual condition of the title, either through ignorance or forgetfulness, amounting to a mistake, or a suppression of the real facts; in either of which case a court will relieve a purchaser at a partition sale, it being shown, as in this case, that the purchaser would…
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Appeal from St. Louis City Circuit Court.— Eon. Jesse A. McDonald, Judge. (1) The testimony showed that there was either an omission, by the commissioner and the auctioneer, to state at the public sale the actual condition of the title, either through ignorance or forgetfulness, amounting to a mistake, or a suppression of the real facts; in either of which case a court will relieve a purchaser at a partition sale, it being shown, as in this case, that the purchaser would acquire an imperfect title or a smaller area than he did purchase. McKee v. Logan, 82 Mo. 524; Heim v. Schwoerer, 100 N. Y.…
1Opinion of the CourtGoode, J.
This appeal came here as a branch of a suit in partition. Instead of being divided in kind, the land of which partition was asked, was sold pursuant to the judgment of the court by a Special Commissioner and the plaintiff in error, John J. Cole, bid it in for $17,025, paying the Commissioner five hundred dollars on the purchase price. The property was a lot in the city of St. Louis described as in city block 135, beginning at the intersection of the south line of Clark avenue with the east line of Seventh street, and running thence east along the south line of Clark avenue 127 feet 6 inches,…
2Cases cited11 opinions
- Riggs v. . PursellNew York Court of Appeals · 1878
- Jordan v. . PoillonNew York Court of Appeals · 1879
- Hammond v. CailleaudCalifornia Supreme Court · 1896
- Dispensary Commissioners v. ThorntonSupreme Court of Georgia · 1898
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
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3Cited by6 opinions
- Koester v. KoesterMissouri Court of Appeals · 1976
- Pritchard v. Peoples BankMissouri Court of Appeals · 1918
- Clarke v. CooperMissouri Court of Appeals · 1910
- Hines v. HinesMissouri Court of Appeals · 1981
- Chilton v. HarrisMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.