Court of Appeals of Missouri, Southern District, Second Division
FROM THE CIRCUIT COURT OF PHELPS COUNTY Honorable William E.
E. SCOTT, J.
Sue Sanchez (nee Barger) appeals a judgment compelling her to
sell land to her brother Paul. We affirm.
specific fact findings were neither requested nor made, we
consider all contested fact issues to have been found in
Paul's favor per Rule 73.01(c) and summarize the facts
Sue, Paul, and their siblings jointly inherited their
mother's land tract in 2002. Discussions among themselves
and with a surveyor about splitting up the property led to
the 2004 staking of a proposed partition.
Sue was in need of money. After a few loans from Paul, but
still needing money, Mary Sue offered to sell Paul some of
her inheritance land. She signed and dated
("12/22/04") a handwritten document later admitted
at trial as Exhibit 8. It states:
Received from Paul Spencer
$2900.00 for land belonging to me
south of line of Arch's S.E corner
and Paul's N.W. corner,
Leaving a balance of $3, 000
Payment of BAL at colsing [sic]
crudely-drawn map follows. A line runs from a corner of a
section marked "Arch" to a corner of another
section marked "Paul" and bisects a section ...