Hooper v. Castetter
Nebraska Supreme Court
Error from the district court of Washington county. Tried below before Scott, J. See opinion for statement of the case. The order of confirmation is erroneous, because no copy of the appraisement was deposited with the clerk of the district court. (MoKeighan v. Hopkins, 14 Neb., 367; Jones v. Mill, 9 Neb., 254.) The failure of the appraisers to deduct and enumerate prior incumbrances made the order of confirmation erroneous.
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Error from the district court of Washington county. Tried below before Scott, J. See opinion for statement of the case. The order of confirmation is erroneous, because no copy of the appraisement was deposited with the clerk of the district court. (MoKeighan v. Hopkins, 14 Neb., 367; Jones v. Mill, 9 Neb., 254.) The failure of the appraisers to deduct and enumerate prior incumbrances made the order of confirmation erroneous. (Sessions v. Irwin, 8 Neb., 5.) The order of confirmation was erroneous, because Castetter’s bid was not absolute, but was expressly conditioned upon the application of…
1Opinion of the Court
Ragan, C.
Abram Castetter brought this suit in equity in the district court of Washington county against O. N. Remington and wife and a number of other persons, hereinafter designated “judgment creditors.” . The object of the action was to foreclose certain mortgages belonging to Castetter which had been executed and delivered to him by Remington and wife on certain real estate in said county. At the time the suit was brought the Scottish-American Investment Company held a mortgage upon this real estate for $4,500. This mortgage had been executed by Remington and wife and was a first lien upon…
2Cases cited10 opinions
- Smith v. SpauldingNebraska Supreme Court · 1894
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Ecklund v. WillisNebraska Supreme Court · 1895
- Swope v. ArderyIndiana Supreme Court · 1854
- Moore v. TitmanIllinois Supreme Court · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Seward v. New York Life InsuranceSupreme Court of Virginia · 1930
- Jones v. SheppardMissouri Court of Appeals · 1909
- J. H. Melville Lumber Co. v. MaroneyNebraska Supreme Court · 1944
- Motley v. MotleyNebraska Supreme Court · 1898
12 more not listed; retrieve them via the Exa API.