Miller v. Lefever
Nebraska Supreme Court
Error to the district court of Cass county. Heard there before Pound, J., upon objection to confirmation of sale of defendant’s real estate. Objections overruled and exceptions taken.
1Opinion of the CourtLake, J.
This ease concerns a sale of real estate under a decree of foreclosure. A motion was made in the court below to set the sale aside, chiefly for the reason that the required thirty days’ notice thereof was not given.
In the sheriff’s return to the order of sale it is certified that “ on the fifth day of March, a.d. 1879, I caused a notice to be published in the Nebraska Herald * * * that I would offer said real estate for sale,” etc. This seems to imply that the notice was actually published on-that day, which, had it been, would have answered the requirement of the statute in that particular.
Bu…
2Cited by4 opinions
- Johnson v. ColbyNebraska Supreme Court · 1897
- Holmes v. CrooksNebraska Supreme Court · 1898
- Magney v. RobertsSupreme Court of Iowa · 1905
- Young v. FiggNebraska Supreme Court · 1906