Legal Opinion

Hoyt v. Little

Nebraska Supreme Court

Decided May 4, 1898No. 8058PublishedCited by 3 opinions

Error, from the district court of Gage county. Tried below before Bush, J. Action by Antoinette W. Little against Charles G. .Hoyt and others to foreclose a mortgage. There was a decree for plaintiff, and from an order confirming a judicial sale of the mortgaged premises Charles G. Hoyt prosecuted a proceeding in error.

1Opinion of the Court

Bagan, C.

This is a proceeding in error instituted in this court by Charles G. Hoyt against Antoinette W. Little and others to review a judgment of the district court of Gage county confirming a judicial sale made of certain real estate in pursuance of a decree foreclosing an ordinary real estate mortgage thereon.

1. The first argument relied on here by the plaintiff in error is that the “order of sale was altered” after it was placed in the hands of the sheriff. The decree was rendered June 5, 1894, for $863. July 11, 1894, the order of sale was issued, which recited the rendition of the…

2Cases cited2 opinions

  1. Alderman v. StateNebraska Supreme Court · 1888
  2. Moore v. FedewaNebraska Supreme Court · 1882

3Cited by3 opinions

  1. Jenkins Land & Live Stock Co. v. AttwoodNebraska Supreme Court · 1908
  2. Alexander v. OmanNebraska Supreme Court · 1940
  3. Columbus Land, Loan & Building Ass'n v. PhillipsNebraska Supreme Court · 1933

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