Maginn v. Pickard
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ambrose, J. References: Watson v. Tronible, 33 Neb. 450; StoeJcmeyer v. Tobin, 139 U. S. 190; Sessions v. Irwin, 8 Neb. 9; Bossa v. Roioe, 30 111. 198; Minnesota Go. v. St. Paul Go., 2 Wall. [U. S.] 631; Blossom v. Milwaukee A G. R. Go., 3 Wall. [U. S.] 207; Borer, Judicial Sales [2d ed.] sec. 9. Appraisals for judicial sales will not be set aside except for fraud.
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Error from the district court of Douglas county. Tried below before Ambrose, J. References: Watson v. Tronible, 33 Neb. 450; StoeJcmeyer v. Tobin, 139 U. S. 190; Sessions v. Irwin, 8 Neb. 9; Bossa v. Roioe, 30 111. 198; Minnesota Go. v. St. Paul Go., 2 Wall. [U. S.] 631; Blossom v. Milwaukee A G. R. Go., 3 Wall. [U. S.] 207; Borer, Judicial Sales [2d ed.] sec. 9. Appraisals for judicial sales will not be set aside except for fraud. ('Vought v. Foxworthy, 38 Neb. 790; Smith v. Foxtcorlhy, 39 Neb. 214; FJohlund v. Willis, 44 Neb. 129.) Deputy sheriff may act. {Earner v. McKinley-Fanning Loan A…
1Opinion of the CourtSullivan, J.
This proceeding’ in error brings up for review an order of the district court confirming a judicial sale of real estate in the city of Omaha.
*643It is first contended that tlie sale should have been set aside on the ground that the valuation fixed by the appraisers was so low as to afford an inevitable inference of fraud in-the appraisement. There is considerable difference between the estimate of the appraisers and that of some of the witnesses who testified for the defendant, but the disparity is not so great as to warrant the conclusion that the appraisers acted corruptly. The ruling of the…
2Cases cited4 opinions
- Mills v. HamerNebraska Supreme Court · 1898
- Nebraska Loan & Building Ass'n v. MarshallNebraska Supreme Court · 1897
- Tillson v. BenschoterNebraska Supreme Court · 1898
- First National Bank v. HahnNebraska Supreme Court · 1898