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Spencer v. Sanchez

Court of Appeals of Missouri, Southern District, Second Division

March 12, 2018

PAUL SPENCER, Respondent,
v.
MARY SUE SANCHEZ, Appellant, ANTHONY A. SANCHEZ, and the TRUSTEE OF THE SANCHEZ TRUST, Defendants.

         APPEAL FROM THE CIRCUIT COURT OF PHELPS COUNTY Honorable William E. Hickle, Judge.

          DANIEL E. SCOTT, J.

         Mary Sue Sanchez (nee Barger) appeals a judgment compelling her to sell land to her brother Paul. We affirm.[1]

         Background

         Because 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)[2] and summarize the facts accordingly.

         Mary 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.

         Mary 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]

         A 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 ...


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