Cashion v. Faina
Supreme Court of Missouri
jError to Second District Court. There is no warranty of title in sales by the sheriff to make partition. (Owsley et al. v. Smith’s Heirs, 14 Mo. 153 ; Schwartz v. Dryden, 25 Mo. 572; Matlock v. Bigby, 34 Mo. 354; Eulbright v. Cannefox, 30 Mo. 425; Wagn. Stat. 971, §§ 34-5; Stewart v. Garvin, 33 Mo. 103.) I. As between the parties to proceedings in partition there is an implied warranty of title.
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jError to Second District Court. There is no warranty of title in sales by the sheriff to make partition. (Owsley et al. v. Smith’s Heirs, 14 Mo. 153 ; Schwartz v. Dryden, 25 Mo. 572; Matlock v. Bigby, 34 Mo. 354; Eulbright v. Cannefox, 30 Mo. 425; Wagn. Stat. 971, §§ 34-5; Stewart v. Garvin, 33 Mo. 103.) I. As between the parties to proceedings in partition there is an implied warranty of title. (Owsley v. Smith’s Heirs, 14 Mo. 153 ; Schwartz v. Dryden, 25 Mo. 572 ; Pickoff v. Page, 26 Mo. 398; Forder v. Davis, 3‘8 Mo. 107.) The doctrine of caveat emptor does not apply to sales in partition.…
1Opinion of the Court
Wagner,, Judge,
delivered the opinion of the court.
The defendant, at a sheriff’s sale in partition, purchased certain lands, and gave his promissory note for a part of the purchase money. Payment not being made at maturity, the sheriff brought this action to enforce the collection thereof. As a defense, the answer stated that there was a failure of consideration; that there was no title to one of the pieces of land purchased at the sale, and that the defendant had been evicted from its possession in an action regularly instituted in a court of competent jurisdiction ; that the other piece of…
2Cases cited3 opinions
- Owsley v. Heirs of SmithSupreme Court of Missouri · 1851
- Schwartz v. DrydenSupreme Court of Missouri · 1857
- Matlock v. BigbeeSupreme Court of Missouri · 1864
3Cited by10 opinions
- Throckmorton v. PenceSupreme Court of Missouri · 1894
- Smoot v. JuddSupreme Court of Missouri · 1901
- Perrin v. ChidesterSupreme Court of Iowa · 1913
- McNamee v. ColeMissouri Court of Appeals · 1908
- Stephens v. EllsSupreme Court of Missouri · 1877
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