Home Insurance Co. v. Bloomfield
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. Charles A. Denton, Judge. '(1) There was neither any showing, nor offer to show, that the land would have sold better in separate lots than it did as a whole. No such claim was made in the petition. The mortgagor, Journey, requested the land to be sold in a body. 28 Am. and Eng. Ency.
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Appeal from Bates Circuit Court. — Hon. Charles A. Denton, Judge. '(1) There was neither any showing, nor offer to show, that the land would have sold better in separate lots than it did as a whole. No such claim was made in the petition. The mortgagor, Journey, requested the land to be sold in a body. 28 Am. and Eng. Ency. Law (2 Ed.), p. 806; Kellogg v. Carrico, 47 Mo. 157; Dunn v. McCoy, 150 Mo. 566; Lazarus v. Caesar, 157 Mo. 212. (2) The court should have sustained defendant’s demurrer to the evidence. Long v. Towl, 42 Mo. 550; Bishop on Contracts, secs. 68-70; 1 Parsons on Contracts,…
1Opinion of the CourtJohnson, J.
Plaintiff recovered judgment of $80 against the owner of a farm which consisted of a tract of 160 acres and another of forty acres. Execution was issued and levied on the forty-acre tract. Plaintiff became the purchaser at the sale and received a sheriff’s deed. Afterward, the trustee in two prior deeds of trust, each of which covered both tracts, advertised the entire farm for sale. Plaintiff, by its attorney, appeared at that sale and informed the trustee and bidders of its interest in the forty acres, demanded that the two tracts be sold separately and threatened to attack the sale by suit…
2Cases cited3 opinions
- Andrews v. BroughtonMissouri Court of Appeals · 1899
- Beckmann v. MephamMissouri Court of Appeals · 1902
- Bush v. HaeusslerMissouri Court of Appeals · 1887
3Cited by1 opinion
- Sursa v. CashMissouri Court of Appeals · 1913