Stewart ex rel. Sibley v. Garvin
Supreme Court of Missouri
Error lo St. Charles Circuit Court. The facts sufficiently appear in the opinion of the court. I. The memorandum or entry made by the sheriff’s deputy at the sale was a sufficient compliance with the statute of frauds. (Wiley v. Robert, 27 Mo. 388.) No tender of a deed by the sheriff was necessary. Defendant would not be entitled to a deed until payment of the last instalment of the purchase money.
1Opinion of the CourtEwing, Judge
This was an action by the sheriff to recover the two first instalments of the purchase money for lands sold by him to the defendant at a partition sale. There was a demurrer to the petition, which was sustained, and the plaintiff sued out his writ of error. The question arising on the demurrer is whether the memorandum alleged in the petition satisfies the statute of frauds.
The petition, pursuing the usual form, alleges an order for the sale of the real estate and the terms thereof, an actual sale by the sheriff to the defendant, pursuant to the order, of certain lots, which are referred to…
2Cited by3 opinions
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Tull v. DavidSupreme Court of Missouri · 1870
- Hall v. GiesingMissouri Court of Appeals · 1914