Barnard v. Duncan
Supreme Court of Missouri
jError to St. Louis Circuit Cowrt. The plaintiff sued to recover the amount bid by defendant, at a sale made by plaintiff as trustee, of lands conveyed to him as trustee.
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jError to St. Louis Circuit Cowrt. The plaintiff sued to recover the amount bid by defendant, at a sale made by plaintiff as trustee, of lands conveyed to him as trustee. The petition set out the deed, by which W. D. W. Barnard conveyed the land to him, dated June 27, 1860, in trust to pay certain debts described; the exposing the land to sale at auction; the auctioneer’s memoi'andum of defendant as purchaser for $2,250 ; the tender of a deed to defendant, and his refusal to accept; a re-sale on the same day for $25; and prayed judgment for the difference. The answer admitted the conveyance…
1Opinion of the CourtHolmes, Judge
This was a suit hy a trustee vendor against his vendee at a sale at public auction of real estate under a deed of trust, made to secure the payment of the debts of numerous creditors, grounded on an alleged breach of contract by the purchaser in refusing to pay the amount of his bid and accept the deed that was tendered to him, conveying all the right, title and interest in the property that was vested in the trustee, but containing no covenants of warranty whatever, and the action sounded in damages. Upon the refusal, there was a re-sale of the property, a few hours afterwards, on the same…
2Cases cited1 opinion
- Dickson v. Desire's AdministratorSupreme Court of Missouri · 1856
3Cited by19 opinions
- Smith v. TuckerTennessee Supreme Court · 1924
- Jones v. ArnoldSupreme Court of Missouri · 1949
- Judge v. BoogeSupreme Court of Missouri · 1871
- Love v. HarrisSupreme Court of North Carolina · 1911
- Love v. . HarrisSupreme Court of North Carolina · 1911
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