Legal Opinion

Kansas City Life Insurance v. Zakrzewski

Nebraska Supreme Court

Decided October 29, 1943No. 31664PublishedCited by 1 opinion

1Opinion of the CourtChappell, J.

Defendant appeals from decree of confirmation of sale in a real estate mortgage foreclosure, urging inadequacy of price as ground for reversal.

Upon examination of the record this court concludes that it must decline to set aside the sale for the reason that defendant’s appeal is controlled by the following rule:

“An order confirming a judicial sale under a decree foreclosing a mortgage on real estate will not be reversed on appeal for inadequacy of price, when there was no fraud or shocking discrepancy between the value and the sale price, and where there is no satisfactory evidence that a…

2Cases cited3 opinions

  1. Equitable Life Assurance Society v. BuckNebraska Supreme Court · 1940
  2. Prudential Insurance v. NorallNebraska Supreme Court · 1941
  3. Cole v. MadisonNebraska Supreme Court · 1942

3Cited by1 opinion

  1. Lincoln Trust Co. v. McDowellNebraska Supreme Court · 1945

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