Larimer v. Wallace
Nebraska Supreme Court
Error from the district court of Gage county. Tried below before Broaly, J. There is no proof of the posting of notices of sale as required by Gen. Stats., sec. 56, p. 286; sec. 83, p. 291; sec. 90, p. 292, sec. 404, p. 593. Proof of posting the notices should be made by affidavit of the party who posted the same, stating when, where, and by whom the notices-were posted.
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Error from the district court of Gage county. Tried below before Broaly, J. There is no proof of the posting of notices of sale as required by Gen. Stats., sec. 56, p. 286; sec. 83, p. 291; sec. 90, p. 292, sec. 404, p. 593. Proof of posting the notices should be made by affidavit of the party who posted the same, stating when, where, and by whom the notices-were posted. (State v. Otoe County, 6 Neb., 130.) A sheriff’s return that notice was duly published will not be accepted as proof, the law providing the manner of proof to-be by affidavit of any person having knowledge of the fact,…
1Opinion of the Court
Maxwell, Ch. J.
This is an action of ejectment to recover the southeast quarter of section 34, township 5, range 6 east. The defendant claims under a guardian’s sale and the plaintiff claims that the proceedings were void. On the trial of the cause a jury was waived and the cause tried to the court, which found in favor of the defendant and dismissed the action. There is but little dispute as to the facts. The parties entered into a stipulation as follows:
“ It is stipulated and agreed that the patent title to the land in this action was issued to Henry Larimer, a minor and the plaintiff in…
2Cited by1 opinion
- State v. Several Parcels of LandNebraska Supreme Court · 1906