Toscan v. Devries

Irvine, C.

This is an appeal from an order confirming a sale made in pursuance of a decree of foreclosure. Confirmation was opposed because the sale ivas made by a master commissioner who had not taken and filed an oath. This *277is the same question as was presented in Omaha Loan & Trust Co. v. Bertrand, 51 Neb. 508, and the record is in the same condition. It follows from that decision that if an oath was requisite it must be presumed that one was taken, there being'no showing to the contrary.

It is next argued that the appraisers were not sworn. This argument is based on the supposed absence of…