Stewart ex rel. Sibley v. Garvin
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. The Circuit Court erred in refusing to give the instruction asked for by the appellant. It is well settled that in partition sales the sheriff, like an auctioneer, is the agent of both parties; hence a memorandum made by the sheriff in a partition sale is binding on the purchaser, and takes the case out of the statute of frauds.
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Appeal from St. Charles Circuit Court. The Circuit Court erred in refusing to give the instruction asked for by the appellant. It is well settled that in partition sales the sheriff, like an auctioneer, is the agent of both parties; hence a memorandum made by the sheriff in a partition sale is binding on the purchaser, and takes the case out of the statute of frauds. (Stewart v. Garvin, 31 Mo. 38; 5 Mon. 451; 7 Mon. 615.) If the sheriff is the agent of both parties, his act in having the sale set aside, a new order of sale made, and re-advertising the property for sale under it, is binding…
1Opinion of the CourtDryden, Judge
This is a suit brought to recover the 'third instalment of the purchase price of two lots of land in the St. Charles common, sold to the defendant by the plaintiff, as sheriff of St. Charles county, under an order of sale in partition on the application of George C. Sibley and others, proprietors.
The property was bid off by the defendant, who refused to complete the purchase, but for what reason does not appear. The sheriff reported the sale, and the refusal of the defendant to comply with its terms, to the court from which the order emanated; whereupon, the court, against the objections of…
2Cited by1 opinion
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