Gosmunt v. Gloe
Nebraska Supreme Court
Appeal from the district court of. Lancaster c'ounty. Heard below before Hall, J. The opinion contains a statement of the case. If a party bids at an auction sale, knowing that he is not in a position to comply with the terms of sale, the sal e is absolutely void, and no title passes, and the bidder is not in a position to claim any rights under his bid. (Da-set v. Landry, 30 Pac.
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Appeal from the district court of. Lancaster c'ounty. Heard below before Hall, J. The opinion contains a statement of the case. If a party bids at an auction sale, knowing that he is not in a position to comply with the terms of sale, the sal e is absolutely void, and no title passes, and the bidder is not in a position to claim any rights under his bid. (Da-set v. Landry, 30 Pac. Rep. [Nev.] 1068; Nebraska Loan & Trust Go. v. Earner, 40 Neb. 282; Swortsell v. Martin, 16 la. 522; United States v. Vestal, 4 Hughes [U. S. C. C.] 467.) The sale on credit, false return, and confirmation…
1Opinion of the CourtNor val, J.
On May 24, 1894, a decree foreclosing a real estate mortgage was rendered in the district court of Lancaster county in a cause then pending in said court wherein James II. Brown, trustee, was plaintiff and Henry Gos- . mount was defendant. A stay of nine months was taken, *711and at the expiration of -such stay an order of sale was issued in the case, which, was delivered to the sheriff, and the premises were sold thereunder by him on April 2, 1895, to one Peter Gloe for the sum Of $3,250. The amount of the bid was not paid to the officer at the time of the purchase, nor until April 19, 1895. The…
2Cases cited6 opinions
- Phillips v. DawleyNebraska Supreme Court · 1871
- Maul v. HellmanNebraska Supreme Court · 1894
- John S. v. TingleyNebraska Supreme Court · 1885
- Jones v. NullNebraska Supreme Court · 1879
- Philadelphia Mortgage & Trust Co. v. GustusNebraska Supreme Court · 1898
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3Cited by5 opinions
- Madison County v. CrippenNebraska Supreme Court · 1943
- In re RenneDistrict Court, D. Nebraska · 1944
- Rife v. SwansonNebraska Supreme Court · 1923
- Cannon Hill Co. v. MooreWashington Supreme Court · 1918
- Bankers Union Life Insurance v. Nebraska Corp.Nebraska Supreme Court · 1982