Killen v. Nebraska Loan & Trust Co.

The opinion of the court was delivered by

Mason, J. :

An action brought to foreclose a real-estate mortgage resulted in a final judgment, or decree, for the sale of the property to satisfy the debt. No process on such judgment or decree was issued for over five years. Then an order of sale was taken out, under which a sale was made, which the court confirmed. This proceeding is brought to set aside the order of confirmation.

The only question presented is whether the act of *84the court upon which such order of sale was based is to be regarded as a judgment within the meaning of section 445 of the…