Nebraska Loan & Trust Co. v. Hamer
Nebraska Supreme Court
Appeal from the district court of Phelps county. Heard below before Beall, J. A judicial sale may be set aside for fraud or unfairness of any kind. (McKeighan v. Hoplcins, 19 Neb., 34; Paulett v. Peabody, 3 Neb., 196; Taylor v. Courtnay, 15 Neb., 190; Aldrich v. Lewis, 28 Neb., 502.) The case was taken up immediately after the filing of affidavits by the plaintiff, and no time was given to prepare and file affidavits.
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Appeal from the district court of Phelps county. Heard below before Beall, J. A judicial sale may be set aside for fraud or unfairness of any kind. (McKeighan v. Hoplcins, 19 Neb., 34; Paulett v. Peabody, 3 Neb., 196; Taylor v. Courtnay, 15 Neb., 190; Aldrich v. Lewis, 28 Neb., 502.) The case was taken up immediately after the filing of affidavits by the plaintiff, and no time was given to prepare and file affidavits. The court erred in overruling the application for a continuance. (Hair v. State, 14 Neb., 503; Gandy v. State, 27 Neb., 719; Oity of Lincoln v. Staley, 32 Neb., 63; Johnson v.…
1Opinion of the Court
Irvine, C.
This was an action by the Nebraska Loan & Trust Company against the Nebraska Land, Stock Growing & Investment Company to foreclose a mortgage. The appeal is from the order confirming a sale made under a decree rendered in the action. The transcript filed here begins with the decree, from which it appears that Francis G. Hamer and Rebecca A. Hamer, his wife, were originally parties defendant, but it appearing that they had conveyed the land to the investment company the case was dismissed as to them. The premises mortgaged are described as “the west one-half of section three (3),…
2Cases cited4 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Swope v. ArderyIndiana Supreme Court · 1854
- Moore v. OwsleyTexas Supreme Court · 1873
3Cited by18 opinions
- Burkett v. ClarkNebraska Supreme Court · 1895
- County of Logan v. McKinley-Lanning Loan & Trust Co.Nebraska Supreme Court · 1903
- Storz v. FinklesteinNebraska Supreme Court · 1896
- Beatrice Paper Co. v. Beloit Iron WorksNebraska Supreme Court · 1896
- Patten v. SwopeSupreme Court of Alabama · 1920
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