Smith v. Foxworthy

Irvine, C.

This is an appeal by the defendant Foxworthy from an order confirming a sale of h¿s real estate made under a de*215cree of foreclosure formerly entered in the cause. The grounds upon which confirmation was resisted will be treated in their order:

1. That the appraisement was too low. In Vought v. Foxworthy, 38 Neb., 790, it was held that on motion to vacate a sale the value fixed by the appraisers can only be assailed for fraud; that objections upon the ground that the appraised value is too high or too low should be filed with a motion to vacate the appraisement before the sale occurs,…