Wauchope v. McCormick
Supreme Court of Missouri
Appeal from Bucbanan Circuit Court. — Hon. GJiarles F. Strop, Judge. (1) In partition sales, all tbe parties to tbe proceeding, as well as tbe purchasers', are entitled to tbe protection of tbe court. Goodie v. Crow, 51 Mo. 212. (2) While the approval of a partition sale rests largely in the discretion* of the trial court, mere inadequacy of price is n'ot sufficient ground upon which to set aside the sale. 17 Am. and Eng.
Read the full summary
Appeal from Bucbanan Circuit Court. — Hon. GJiarles F. Strop, Judge. (1) In partition sales, all tbe parties to tbe proceeding, as well as tbe purchasers', are entitled to tbe protection of tbe court. Goodie v. Crow, 51 Mo. 212. (2) While the approval of a partition sale rests largely in the discretion* of the trial court, mere inadequacy of price is n'ot sufficient ground upon which to set aside the sale. 17 Am. and Eng. Ency. of Law, 795. (3) But in the case at bar the court set aside the sale in order that the property might have the benefit of an advanced market predicted by the experts.…
1Opinion of the Court
BRACE P. J.
This is an appeal by Rosa Perkins, a purchaser of real estate at a sale in partition in the above entitled cause, from ’an order of the circuit court of Buchanan county, in which the suit was pending, setting aside the sale at which she purchased. Upon the report of the sale by the sheriff coming in, showing that the real estate described in the report was sold in pursuance of the order of the court on the 6th day of November, 1897, and that the said Rosa Perkins became the purchaser of a portion thereof at the price of .$1,030, and had complied with the terms of the sale, the…
2Cases cited13 opinions
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1869
- Greeley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Slagel v. MurdockSupreme Court of Missouri · 1877
- City of St. Louis v. BrooksSupreme Court of Missouri · 1891
- Burden v. TaylorSupreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Vann v. Union Central Life Ins. Co.Supreme Court of Oklahoma · 1920
- State ex rel. Connors v. SheltonSupreme Court of Missouri · 1911
- Thomas v. ElliottSupreme Court of Missouri · 1908
- Koester v. KoesterMissouri Court of Appeals · 1976
- Boxwell v. BoxwellMissouri Court of Appeals · 1969
4 more not listed; retrieve them via the Exa API.