Durham v. Darby

This was a suit for partition of land. At the March term, 1859, of the St. Louis Land Court, judgment was given determining the rights of the parties, and, as partition in kind of the land could not be made without great prejudice to the owners, ordering a sale of the property without the appointment of commissioners.

At the subsequent October term of the court, the sheriff made a report of his sale of the property, which was confirmed by the court. The defendant moved the court to set aside the report of sale and the judgment of partition ; which motion was overruled, and the defendant…