Paulett v. Peabody
Nebraska Supreme Court
Alexis Paulett brought suit in tbe district court for Richardson county, to foreclose a mortgage upon certain real estate situated therein, executed by Joseph and Jane Brown to ITolt and Scott, and by them assigned to Paulett. Louis Hax who held a prior mortgage was not made a party to the suit. A decree of foreclosure was rendered and a sale of the premises made by the sheriff, one J. M. Peabody being the purchaser.
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Alexis Paulett brought suit in tbe district court for Richardson county, to foreclose a mortgage upon certain real estate situated therein, executed by Joseph and Jane Brown to ITolt and Scott, and by them assigned to Paulett. Louis Hax who held a prior mortgage was not made a party to the suit. A decree of foreclosure was rendered and a sale of the premises made by the sheriff, one J. M. Peabody being the purchaser. Hpon motion of the purchaser who appeared specially for that purpose, the sale was set aside, and to reverse that order of court the cause was brought by Alexis Paulett, to this…
1Opinion of the Court
Lake, Ch. J.
The record in this case presents but a single question for our consideration, and this relates to the supervisory power of the district court over judicial sales when presented for confirmation.
*197This was a sale of real property under a junior mortgage, in a suit wherein the senior mortgagee, was not made a party.
On the hearing of the motion to confirm the sale, it was objected by the purchaser; upon a motion to set it aside, that he had been induced to purchase the property by reason of. certain false representations made by the attorneys of both the plaintiff and the senior…
2Cited by6 opinions
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Norton v. Nebraska Loan & Trust Co.Nebraska Supreme Court · 1892
- Pittsburgh Plate Glass Company v. ForbesSupreme Court of North Carolina · 1963
- Green v. State BankNebraska Supreme Court · 1879
- Omaha Loan & Building Ass'n v. HendeeNebraska Supreme Court · 1906
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