Rule 96.24.Sheriff or Commissioner to Collect Purchase Money and Make Deed to Purchaser.
Part III · Rule 96: Partition of Real and Personal Property · Last amended January 1, 1981 · Last verified July 22, 2026
Full Text of Rule 96.24
Amendment History
Adopted June 5, 1980, eff. Jan. 1, 1981.
Official Comment
This is new. Compare: Prior Rule 96.40.
Plain-English Summary
Rule 96.24 covers the closing mechanics of a partition sale, once a buyer has been found and the sale itself has taken place. The sheriff or commissioner who conducted the sale collects the purchase money from the buyer and disburses it according to the court's order — connecting to the distribution scheme in Rule 96.27, which directs how costs, expenses, and the remainder get paid out.
The same officer must also execute and deliver the deed conveying the property to the purchaser. The rule specifies that this deed must be acknowledged or proved the same way conveyances made by a sheriff selling land under execution are acknowledged or proved, tying the partition deed process to a familiar, established formality used elsewhere in Missouri property law.
The rule then addresses an unusual but real possibility: what if the buyer dies before the deed is delivered? Instead of leaving the sale in limbo, the rule lets the court, upon proof of the buyer's death and proof of who is entitled to the property, order the sheriff to execute, acknowledge, and deliver the deed directly to those successors. This provision prevents a completed sale from becoming legally stuck merely because the buyer did not survive long enough to receive the deed in person.
Frequently Asked Questions
Who collects the purchase money from the buyer at a partition sale?
The sheriff or commissioner who conducted the sale.
How is the purchase money disbursed?
According to the order of the court.
Who delivers the deed to the buyer?
The sheriff or commissioner executes and delivers the deed.
How must the deed be acknowledged or proved?
In the same manner as conveyances made by a sheriff of land sold under execution.
What happens if the buyer dies before receiving the deed?
On proof of the buyer's death and the identity of the persons entitled to the property, the court orders the sheriff to execute, acknowledge, and deliver the deed to those persons.
Does this rule address what happens if the deed itself contains an error?
No, that situation is addressed separately in Rule 96.25, which allows correction of a defective deed.