Gordon v. Hickman

• Decision Date: 26 November 1888
• Citation: 9 S.W. 920,96 Mo. 350
• Parties: GORDON v. HICKMAN, Sheriff, et al.
• Court: Missouri Supreme Court

9 S.W. 920

96 Mo. 350

GORDON v. HICKMAN, Sheriff, et al.

Supreme Court of Missouri.

November 26, 1888.

EXECUTION — SHERIFF'S DEED — SETTING ASIDE — FAILURE TO SELL IN PARCELS.

A lot worth $3,000 was sold for $51, on special execution for a street assessment, and costs amounting to $8.55. It appeared that the lot had two houses on it, each fronting on different streets, and that the lot could have been divided into parcels each fronting on a street, or by a line running from street to street, and that either part would have satisfied the execution. Held, that the deed would be set aside for failure of the sheriff to sell in parcels, though the officer did not know how the improvements were located.

Appeal from circuit court, Jackson county; J. H. SLOVER, Judge.

Action by William P. Gordon against William T. Hickman, sheriff, and John P. O'Neil, to set aside a sheriff's deed from Hickman to O'Neil. Judgment for defendants, and plaintiff appeals.

Dobson, Douglass & Trimble, for appellant. Warner, Dean & Hagerman, for appellees.

BLACK, J.

Proceedings to open Grove street were commenced before the mayor of the city of Kansas, and then appealed to the circuit court. Benefits to the amount of four dollars were assessed against plaintiff's lot, which has a front of 46 feet on Grove street, and a depth of 133 feet to Vine street. On the 17th January, 1885, the sheriff sold this lot under a special execution issued on the judgment confirming the assessment, and the defendant O'Neil became the purchaser, and received a deed dated the 25th of the same month. This is a suit against the sheriff and O'Neil to set aside the deed. The substantial averments of the petition are that Dougherty, who was a deputy-sheriff, and O'Neil, conspired together to purchase the property at a nominal consideration, and pursuant thereto prevented other persons from bidding, so that O'Neil became the purchaser at $51, the property being worth $3,500; that the lot should have been divided, and a part only sold. The witness Thomas says Dougherty came to the store, where O'Neil was engaged, and pointed out the property he wanted O'Neil to buy the next day; that after the sale Dougherty told O'Neil to go to the tenants, and get them to pay something on the rents, and not to settle with Gordon for less than twelve or fifteen hundred dollars; that Gordon came to the store, and saw O'Neil, after the sale, and before the date of the sheriff's deed; that O'Neil asked eleven or twelve hundred dollars in settlement, and Gordon left. The witness says he followed Gordon, found him on the street, told him what had transpired, and advised him to get a lawyer. On the other hand, it appears a large number of sales were made on the same day by the sheriff under special executions issued in condemnation suits. The city comptroller attended, and in each case bid the debt and costs. Sheriff Hickman cried the sales, and his deputy, Dougherty, acted as clerk. The attendance was unusually large, and the proof is conclusive that the sheriff endeavored to get the best price he could for the property. O'Neil had procured information from an abstract office as to a number of parcels of property to be sold, and bid on several of them, but...