Legal Opinion

Lincoln Trust Co. v. McDowell

Nebraska Supreme Court

Decided January 23, 1945No. 31867PublishedCited by 1 opinion

1Opinion of the CourtSimmons, C. J.

Defendant, Electa McDowell, appeals from an order confirming a sale in a real estate mortgage foreclosure, on the basis that the sale price was far below the actual value of the land.

The rule is: “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 *474the sale price, and where there is no satisfactory evidence that a higher bid could be obtained in the event of another sale.” Kansas City Life Ins. Co. v. Zakrzewski, 143 Neb. 878, 11 N.…

2Cases cited1 opinion

  1. Kansas City Life Insurance v. ZakrzewskiNebraska Supreme Court · 1943

3Cited by1 opinion

  1. Volz v. VolzNebraska Supreme Court · 1947

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