Green v. State Bank
Nebraska Supreme Court
■ Error to the district court for Washington county. Tried below before Savage, J. The facts appear in the opinion. 1. The court, in the exercise of its discretion, could have confirmed the sale, or set it aside. Rorer on Judicial Sales, § 108, and eases cited. 2. But it could not make a contract for the parties other and different from that made when the bid was accepted. This it attempted to do, and the order is therefore erroneous.
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■ Error to the district court for Washington county. Tried below before Savage, J. The facts appear in the opinion. 1. The court, in the exercise of its discretion, could have confirmed the sale, or set it aside. Rorer on Judicial Sales, § 108, and eases cited. 2. But it could not make a contract for the parties other and different from that made when the bid was accepted. This it attempted to do, and the order is therefore erroneous. Rorer, § 108, and eases cited. 1. The confirmation of judicial sales is a matter of discretion to be exercised by the court. The matter of confirmation rests…
1Opinion of the Court
Maxwell, Oh. J.
In the case at bar there was a decree of foreclosure and sale of the mortgaged premises. The plaintiff in error (defendant below) filed exceptions to the sale, and moved to set the same aside. The exceptions were overruled and the sale confirmed, to which the plaintiff in error excepted. That portion of the order of confirmation is as follows: “ The motion of the plaintiff' to confirm the sale made herein coming on to be heard, together with the objections of the defendant *167thereto, after hearing counsel for the respective parties and being fully advised in the premises, it is…
2Cases cited4 opinions
- Benz v. HinesSupreme Court of Kansas · 1866
- Lynch and Another v. Baxter and Wife Adm'x.Texas Supreme Court · 1849
- Kinnear v. LeeCourt of Appeals of Maryland · 1868
- Paulett v. PeabodyNebraska Supreme Court · 1874
3Cited by4 opinions
- State Bank v. GreenNebraska Supreme Court · 1880
- State Bank v. GreenNebraska Supreme Court · 1881
- Gordon State Bank v. HinchleyNebraska Supreme Court · 1928
- C. H. Fitch & Co. v. MinshallNebraska Supreme Court · 1883