Burden v. Taylor
Supreme Court of Missouri
Appeal from DeKalb Circuit Court.—Hon. C. H. 8. Goodman, Judge. (1) The partition sale ordered by the Atchison circuit court was “for cash in hand.” It was the duty of the sheriff of DeKalb county to collect the purchase price at the time of the sale, and if it was not paid, to resell the land.
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Appeal from DeKalb Circuit Court.—Hon. C. H. 8. Goodman, Judge. (1) The partition sale ordered by the Atchison circuit court was “for cash in hand.” It was the duty of the sheriff of DeKalb county to collect the purchase price at the time of the sale, and if it was not paid, to resell the land. G-. 8. 1865, 614, sec. 31; Icl., 645, secs. 45,46; Hewitt v. Lally, 51 Mo. 93; Goode v. Croiv, 51 Mo. 212. And instantly, upon the payment of the purchase price, the purchaser hecanie entitled to a.' deed which should be a bar against all persons interested in the premises who had been parties to the…
1Opinion of the CourtBrace, J.
This is an action in ejectment to recover eighty acres of land in DeKalb county, brought by John E. Burden, who claims the land in controversy as trustee for the other plaintiffs, who are the heirs at law and devisees of Benjamin F. Graves, deceased. The plaintiff, Burden, had judgment below and the defendant appeals.
*16Benjamin F. Graves died in 1873, seized in fee simple of the premises. On the twenty-ninth of July, 1878, a suit was instituted in the circuit court of Atchison county by some of said heirs and devisees against the others, for partition of the real estate of said…
2Cases cited20 opinions
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
- Holloway v. HollowaySupreme Court of Missouri · 1888
- Parkinson v. CaplingerSupreme Court of Missouri · 1877
- Lagroue v. RainsSupreme Court of Missouri · 1871
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3Cited by12 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- Hector v. MannSupreme Court of Missouri · 1910
- Thomas v. ElliottSupreme Court of Missouri · 1908
- Loring v. GroomerSupreme Court of Missouri · 1897
- Kazebeer v. NunemakerNebraska Supreme Court · 1908
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