McLean v. Martin
Supreme Court of Missouri
One wbo purchases land at a sheriff’s sale, supposing it to be that of the judgment debtor, pays the money, takes possession, and makes lasting improvements, and is afterwards dispossessed by the debtor, may recover back the amount of the purchase money, even when no fraud at the sale is imputed to the debtor. The doctrine of caveat emptor does not apply to the case at bar.
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One wbo purchases land at a sheriff’s sale, supposing it to be that of the judgment debtor, pays the money, takes possession, and makes lasting improvements, and is afterwards dispossessed by the debtor, may recover back the amount of the purchase money, even when no fraud at the sale is imputed to the debtor. The doctrine of caveat emptor does not apply to the case at bar. (Yalle’s Heirs v. Fleming’s Heirs, 29 Mo. 152 ; Heath v. Daggett, 21 Mo. 69; Magwire v. Marks, 28 Mo. 193.) The doctrine we contend for, and which we maintain has been expressly adopted and approved in this State by the…
1Opinion of the CourtWagner, Judge
In this case a demurrer to the petition was sustained by the Circuit Court, and final judgment rendered for the defendant. Exception was taken, and the case appealed to the District Court, where the judgment was affirmed. The case is now here by writ of error. The petition sets forth the following facts, namely: that on the 8th day of October, 1863, Ellison Townsend, as public administrator, having in charge the estate of Samuel Elliott, deceased, recovered a judgment in the Andrew County Circuit Court against the defendant for the sum of $1,636.39 ; that an execution was duly issued on said…
2Cases cited18 opinions
- Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
- M'Ghee v. EllisCourt of Appeals of Kentucky · 1823
- Seller v. LingermanIndiana Supreme Court · 1865
- Muir v. CraigIndiana Supreme Court · 1833
- Richmond v. MarstonIndiana Supreme Court · 1860
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Scheer v. Trust Co. of St. Louis CountySupreme Court of Missouri · 1932
- Martin v. McLeanSupreme Court of Missouri · 1872
- Toalson v. MadisonMissouri Court of Appeals · 1957
- Bailey v. BuchananMissouri Court of Appeals · 1907
- Clarke v. CooperMissouri Court of Appeals · 1910
7 more not listed; retrieve them via the Exa API.