Gore v. Burdette

• Decision Date: 05 January 1914
• Citation: 162 S.W. 321,175 Mo. App. 389
• Parties: GORE et al. v. BURDETTE et al.
• Court: Missouri Court of Appeals

162 S.W. 321

175 Mo. App. 389

GORE et al. v. BURDETTE et al.

Kansas City Court of Appeals. Missouri.

January 5, 1914.

1. APPEAL AND ERROR (§ 1010)—QUESTION OF FACT—FINDING.

Where no declarations of law or finding of facts were asked or given, this court, where there is any evidence in the record to support the finding, must defer to it.

2. PARTITION (§ 104)—SALES — BID—CONDITIONAL BID.

Where defendant's bid at a judicial sale of property in partition was conditional on the title being good, the sheriff could not declare it an unconditional bid, and hold defendant therefor; but on his own refusal to consent to such condition, he should have put the land up again.

3. JUDICIAL SALES (§ 20)—ACCEPTANCE—EFFECT.

A sheriff's sale is complete when the bid has been accepted and entered on the sale book.

4. PARTITION (§ 100)—SALES — AUTHORITY AND POWERS IN MAKING.

In conducting a sale of land in partition, the sheriff acts as the legally constituted agent of the parties in the partition suit, and whatever discretion vests in him should be fairly and impartially executed for the benefit of all concerned; he is not obliged to treat the sale upon a conditional bid as having been unconditionally made, and endeavor to collect the purchase money from the bidder, and, if the latter wrongfully refuses to make his bid good, such act is one for which the sheriff is in no way responsible.

Appeal from Circuit Court, Buchanan County; Charles H. Mayer, Judge.

Action by Lulu W. Gore and others against William C. Burdette and others. Judgment for defendants, with order for partition sale. On motion by the sheriff of Buchanan county to recover the difference between defendant Burdette's bid and the price obtained on a subsequent partition sale. From a finding for defendant, Lulu W. Gore and the sheriff appeal. Affirmed.

George W. Groves and O. W. Watkins, both of St. Joseph, for appellants. William E. Stringfellow, of St. Joseph, for respondents.

TRIMBLE, J.

At the May term, 1912, a decree was rendered by the circuit court of Buchanan county, Mo., in the case of Lulu W. Gore et al. v. William C. Burdette et al., wherein the court found that William I. Burdette, at the time of his death, was the owner in fee simple of certain real estate in said county, and the same was ordered sold by the sheriff in partition. Pursuant to this order the sheriff advertised the land for sale in partition at the courthouse door. At the sale the respondent herein, William C. Burdette, made a bid of $5,000 for the land. He claims his bid was made on condition that the title was found to be good. The sheriff claims that his bid was unconditional, and that he, the sheriff, accepted it, and struck the land off to him at that price. Respondent refused to pay the amount of his bid. The sheriff reported the fact that he had offered the land for sale, that respondent had bid $5,000 for it, and that the land was stricken off to him for that price, but that respondent had failed to pay his bid. Thereafter the sheriff readvertised the land, and sold it some months later to A. D. Blythe for $3,701. He then filed a motion, pursuant to the statute (section 2223, R. S. Mo. 1909), to recover the difference between the bid of $5,000 and and the one of $3,701. The circuit court heard the evidence on the motion, and found in favor of respondent. The sheriff and one of the heirs appealed.

A number of interesting questions have been raised and discussed by the briefs. It is unnecessary to pass upon them, however, inasmuch as the case may be properly disposed of without that.

The trial court heard the evidence, and found for respondent. No declarations of law or finding of facts were asked or given. Consequently, if there is any evidence in the record to support the finding, we must defer to it.

The respondent wanted to bid on the property, but, not having sufficient money with which to buy, made arrangements with Mr. S. J. Blythe to obtain a loan on the land, provided the title was good. Respondent, therefore, went to the sale...