Legal Opinion

Dover v. Kennerly

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 2 opinions

Error to Second District Court. For statement of the facts in this case, see Dover v. Kennerly et al., 38 Mo. 469. An agreement made among several persons to divide property purchased or bid off by one o£ them at a public or judicial sale is not objectionable, unless the agreement is equivalent to a combination among those who would otherwise be themselves bidders to obtain the property at a reduced price.

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Error to Second District Court. For statement of the facts in this case, see Dover v. Kennerly et al., 38 Mo. 469. An agreement made among several persons to divide property purchased or bid off by one o£ them at a public or judicial sale is not objectionable, unless the agreement is equivalent to a combination among those who would otherwise be themselves bidders to obtain the property at a reduced price. (Wooten v. Hinckle, 20 Mo.. 200 ; Neal v. Stone, 20 Mo. 294; Dover v. Kennedy et al., 88 Mo. 469; Pliippen v. Stickney, 3 Mete. 388 ; Gardiner v. Morse, 25 Me. 140; Small v. James, 1 Watts…

1Opinion of the CourtFagg, Judge

This cause has been before this court at a previous term, and was reversed and remanded to the Jefferson Circuit Court for further proceedings. It is again brought here by writ of error to the Second District Court, and stands upon the same pleadings, and with but little change in the facts proved at the trial. In the opinion delivered at the October term, 1866, there is a very *147full statement of the case, and it is unnecessary to repeat it here. (See 38 Mo. 469.) All of the questions presented by the record as it then stood were fully disposed of; and, without the introduction of new evidence…

2Cases cited1 opinion

  1. Dover v. KennerlySupreme Court of Missouri · 1866

3Cited by2 opinions

  1. Davis v. Keen.Supreme Court of North Carolina · 1906
  2. O'Fallon v. KennerlySupreme Court of Missouri · 1869

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