Male v. Dahlgrin

This is an appeal from an order of the district court for Custer county confirming a sale of real estate upon the foreclosure of a mortgage. Before the sale an objection was filed that one of the appraisers was not a freeholder, and a motion was made in the court below to set aside the sale upon that ground. The appraiser was residing upon land which he had entered as a homestead under the act of congress. The sheriff’s return stated that the appraiser was a freeholder, but affidavits were filed tending to show that the appraiser had stated at about the time of the sale that he had not…