Checkley & Co. v. Citizens National Bank

The question presented is whether under the facts of this appeal the rule of caveat emptor may be invoked against a purchaser of lands at a judicial sale.

A judicial sale of land, hereafter described as Tract F, was ordered following the institution of a partition proceeding in the circuit court of Douglas County. The announcement of the sale described the land by metes and bounds and referred to Tract F as “80 acres more or less.” The land was offered for sale and bid off on the basis of 80 acres on a per acre unit basis. The highest bid, $800 per acre, was made by the appellee Checkley and…