Siekert v. Soester

This is a partition suit. The question presented for decision is whether the- trial court erred in refusing to confirm the referee’s sale. Appellant, Henry Wohlers, was the highest bidder in the sum of $3,525. He deposited 15 per cent thereof with the referee, as required by the order of sale. The referee made report of the sale in writing to the court and moved for confirmation. Thereafter Henry A. Siekert, a plaintiff and one of the heirs, filed in the proceedings a higher bid of $3,800, attached to which was a cashier’s check for 15 per cent thereof payable to the referee. At the same time…