Green v. Paul

This appeal is prosecuted by tire defendant, Paul W. Horbach, from an order of the district court approving a sale of real estate made by a special master commissioner. Objections to the appraisement, and also a motion to vacate the sale upon the same grounds, were filed, but the record fails to show affirmatively that they were called to the attention of the district court, or that it ruled thereon. For this reason alone we would be entirely justified in affirming the order from which the appeal is taken. But we prefer to dispose of the case on the merits, since the result just indicated…