65 Mo. 456 | Mo. | 1877
The only question in this case, relates to the effect of a purchase, at a partition sale of land under a decree of court, when the buyer is one of the part owners. There is no doubt that partition sales, like other judicial sales, carry no warranty with them, and that the maxim of caoeat emptor applies to the purchaser. This was decided in Owsley v. Smith (14 Mo. 153), and subsequently in Schwartz v. Dryden (25 Mo. 572), and in Matlock v. Bigby (34 Mo. 354); and in 1870, in the case of Cashion v. Faina, (47 Mo. 133), Judge Wagner says: “The simple question, then, presented, arises upon the construction of our statute as to whether a sale in partition imports a warranty of title. This question has been before this court on several occasions, and it has always been decided that there was no warranty in such cases; that the deed executed. conveyed the interest, whatever it might be, of the parties to the proceeding, and was a bar against them and all persons claiming under them. * * * It is only necessary to say that these decisions have established the law in this state and that we acknowledge them binding authority, and cannot consent to re-open the question.” That this decision of our court is not singular or peculiar, will be seen by reference to the authorities cited in Rorer on Judicial Sales, where it is asserted that “ In the Monte Allegre (9 Wheat. 616) this rule is plainly asserted by the
The payment of money to remove a tax or other lien by the co-tenant during the tenancy, or the expenditure of money to preserve*the common property, presents entirely different considerations. And so in regard to voluntary partitions. Jones v. Stanton, 11 Mo. 433; Picot v. Page, 26 Mo. 399. Whether these voluntary expenditures afford a ground for contribution in favor of one co-tenant against another, as an affirmative cause of action against the con
Affirmed.