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Note: When Charles S. Chrisman appeared at a public auction being held for the sale of the 550 acre family farm owned by his deceased Mother pursuant to an order of partition, he had already purchased another third from a sibling, making himself owner of 2/3rds of the property. He had a standby letter of credit for US$551,666.67, which was 1/3rd of the amount required for prospective bidders by the terms of the auction. The opinion noted that "[w]hen questions were raised by [the other Sibling] at the auction, the record reflects that [Chrisman's] banker stepped forward and increased [Chrisman's] letter of credit to the full amount as required by the parties agreed judgment. The evidence further reveals that this was done prior to taking any bids on the property."

Since Chrisman was the only bidder, the trial court confirmed the sale. The other Sibling, Charlotte Hall, appealed from the order, challenging the propriety of permitting it in light of the modification of the LC. The Court of Appeals of Ohio, Fourth District, Harsha, Abele, and McFArland, JJ, in a per curiam opinion, affirmed the confirmation. The Appellate court observed that there was no abuse of discretion by the trial court since the evidence showed that the amended LC satisfied the agreed entry requirements for a bidder.

[JEB]

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