IN RE MARSHALL

Bankruptcy No. 81-02643-SW, Adv. No. 81-1783-S.

24 B.R. 105 (1982)

In re Gene Herbert MARSHALL, Debtor. John E. POE, Plaintiff, v. Gene Herbert MARSHALL, Defendant.

United States Bankruptcy Court, W.D. Missouri, S.D.

October 13, 1982.


Attorney(s) appearing for the Case

A. Ronald Stewart, Springfield, Mo., for plaintiff.

William Wear, Springfield, Mo., for defendant.


MEMORANDUM OPINION AND ORDER

JOEL PELOFSKY, Bankruptcy Judge.

Plaintiff hired defendant, who was an auctioneer, to sell 72 acres of farmland which plaintiff owned. The auction was held on May 28, 1976 and the land was sold for $42,000. There was a cash down payment of $8,240, assumption of a $25,800 Federal Land Bank note and the balance was secured by execution of a second deed of trust. The down payment was taken by defendant who said he would hold it...

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