Nebraska Loan & Building Ass'n v. Marshall

Irvine, C.

This is an appeal from an order confirming a sale of real estate under a decree of foreclosure. Two points are relied on: First, that the appraisement was made by the deputy sheriff, it being claimed that he was without authority in the premises; and second, that the appraisement was too low. These points were both preserved by a motion to set aside the appraisement filed before the sale. (Vought v. Foxworthy, 38 Neb., 790.)

The decree directed that the sale should be made by the sheriff, and the first objection raises the question as to whether in such case the deputy may act in…