Maul v. Hellman
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wake ley, J. The opinion contains a statement of the case. The rule that a purchaser may, by order, be compelled to comply with the terms of his bid applies only to proceedings involving the general equity jurisdiction, and do not apply to an administrator’s sale. (Eorer, Judicial Sales, sec. 161.) The court ought not, upon the facts proved, to have made the order, even had it the power.
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Appeal from the district court of Douglas county. Heard below before Wake ley, J. The opinion contains a statement of the case. The rule that a purchaser may, by order, be compelled to comply with the terms of his bid applies only to proceedings involving the general equity jurisdiction, and do not apply to an administrator’s sale. (Eorer, Judicial Sales, sec. 161.) The court ought not, upon the facts proved, to have made the order, even had it the power. The rule caveat emptor has no application until after the sale is closed by delivery of deed and payment of purchase money. (Ormsby v.…
1Opinion of the Court
Ragan, C.
On the 12th day of May, 1890, M. O. Maul, administrator of the estate of .A. B. Snowden, sold at public auction the east one hundred feet of lot 2, Bartlett’s addition to the city of Omaha, having first obtained a license to make such sale from the district court of Douglas county. Meyer Heilman was present at such sale and the highest *325bidder for the real estate offered. His bid was accepted and duly reported to the court. After personal notice to Heilman of the time and place when the motion to confirm said sale would be heard,- it was duly confirmed by the court. Heilman refused to…
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