Drew v. Kirkham
Nebraska Supreme Court
Appeal by defendants from an order of confirmation of the sale of real estate in the district court of Cass county. The case involves a construction of the act for the more equitable appraisement of real property at judicial sale (Laws 1875, p. 60), the first four sections of which are as follows: Suction 1. Whenever, hereafter, execution shall be levied on any lands and tenements, the officer levying the same shall call an inquest of two disinterested freeholders, who shall…
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Appeal by defendants from an order of confirmation of the sale of real estate in the district court of Cass county. The case involves a construction of the act for the more equitable appraisement of real property at judicial sale (Laws 1875, p. 60), the first four sections of which are as follows: Suction 1. Whenever, hereafter, execution shall be levied on any lands and tenements, the officer levying the same shall call an inquest of two disinterested freeholders, who shall be residents of the county where the lands taken on execution are situated, and administer to them an oath impartially…
1Opinion of the CourtCobb, J.
This is an appeal from an order of the district court confirming the sale of mortgaged premises. The exceptions to the report of said sale contain the following eight points :
I. The appraisement made for the purpose of making «said sale was not made according to law.
II. Said appraisement was made far below the actual value of said lands and premises.
*480III. That the appraisers, in making said appraisement, took in consideration and treated as a lien on said land the very claim or mortgage debt on which this order of sale is made.
IV. That said appraisers only appraised the interest of said…
2Cases cited1 opinion
- Parrat v. NelighNebraska Supreme Court · 1878
3Cited by2 opinions
- Watson v. TrombleNebraska Supreme Court · 1891
- Elgutter v. Northwestern Mut. Life Ins.Court of Appeals for the Eighth Circuit · 1898