Legal Opinion · Dissent

Norton v. Nebraska Loan & Trust Co.

Nebraska Supreme Court

Decided October 26, 1892Published

Error to the district court for Butler county. Tried below before Post, J. contending that the bidder at foreclosure sale, having acted under mistake, and on misrepresentation of the sheriff as to title, should be relieved from the performance of his bid, cited: Paulett v. Peabody, 3 Neb., 196; Brasher v. Ingham, 4 Id., 531; Laight v. Pell, 1 Edw.

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Error to the district court for Butler county. Tried below before Post, J. contending that the bidder at foreclosure sale, having acted under mistake, and on misrepresentation of the sheriff as to title, should be relieved from the performance of his bid, cited: Paulett v. Peabody, 3 Neb., 196; Brasher v. Ingham, 4 Id., 531; Laight v. Pell, 1 Edw. Ch. [N. Y.], 577; Yates v. Little, 6 McLean [U. S. C. C.], 511. Court of equity will not interfere where party seeking relief is guilty of negligence. (2 Pomeroy, Eq. Jur., 839; Young v. Morgan, 13-Neb., 48.) Neglect of purchaser to examine records…

1Dissent

Maxwell, Ch. J.,

dissenting.

I am unable to give my assent to the opinion of the majority of the court, and will, as briefly as possible, state my reasons for failing to concur with the majority.

This is an application to compel the purchaser of land under a decree of foreclosure of a mortgage to complete the purchase by paying the amount of his bid.

He answers, in effect, that he was induced to bid by the *475misrepresentations of the officer conducting the sale, and that a large mortgage, viz., $3,000, exists as an incumbrance against the land which he was induced to believe would be satisfied out…

2Cases cited4 opinions

  1. Kauffman v. WalkerCourt of Appeals of Maryland · 1856
  2. Frasher v. InghamNebraska Supreme Court · 1876
  3. Paulett v. PeabodyNebraska Supreme Court · 1874
  4. Eccles v. . TimmonsSupreme Court of North Carolina · 1886

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