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MARTIN v. MARTIN

No. 35790.

534 S.W.2d 621 (1976)

Ruth Tegethoff MARTIN, Plaintiff-Respondent, v. James A. MARTIN, Defendant-Respondent, Claude W. McElwee, Jr. and Jane E. McElwee, Movants-Appellants.

Missouri Court of Appeals, St. Louis District, Division Two.

March 2, 1976.

Attorney(s) appearing for the Case

Philip S. Alexander, St. Louis, for movants-appellants.

Robert C. Jones, Clayton, for plaintiff-respondent.

David A. McMahon, St. Louis, for defendant-respondent.

KELLY, Judge.

This appeal is, so far as we have been able to ascertain, one of first impression. It has its genesis in a partition suit filed by Ruth T. Martin against her former husband James A. Martin, culminating in the sale of property they owned by a Special Commissioner appointed by the Circuit Court of St. Louis County. The appellants, the purchasers of one of two parcels of respondents' real estate sold at public auction by the Special Commissioner, bid in...

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