Robert R. Wisdom Oil Co. v. Gatewood

MAUS, Judge.

This action had its origin in the appellant-mortgagee’s petition for judicial foreclosure of a deed of trust. At the sheriff’s sale at public vendue, the real property was sold to a third party, the respondent. See Koester v. Koester, 543 S.W.2d 51 (Mo.App.1976). The appellant filed a motion to set aside that sale. § 443.270. See Carr v. Carr, 253 S.W.2d 191 (Mo.1952); Huff v. Huff, 622 S.W.2d 731 (Mo.App.1981). The trial court denied that motion. The appellant presents two points.

A very brief recitation of the facts will suffice to treat these two points. The appellant instituted…