Griggs v. Miller
Supreme Court of Missouri
374 S.W.2d 119 (Mo. 1963)
A judgment was recovered against W. A. Brookshire (defendant) in a separate proceeding for approximately $2,000. To pay the judgment, Sheriff Powell levied on Brookshire’s 322 acre farm. Brookshire wrote Powell, stating that the farm could be parceled and that Powell should sell a specific portion of the farm that would only be worth about $4,000. Nonetheless, Powell sold the entire 322 acre farm at a public sale to Bill Griggs (plaintiff) for $20,600. Griggs brought suit against Brookshire seeking to eject him from the farm. Brookshire brought a counterclaim against Griggs and Powell, seeking to set aside the sale. The court found against Brookshire on all claims. Miller, on behalf of Brookshire, appealed, arguing that it was improper for the entire farm to be sold without an attempt to pay the judgment against Brookshire by selling a portion of the farm.
Rule of Law
Holding and Reasoning (Bohling, Special Commissioner)