Legal Opinion · Concurrence

Bank of Salem v. Cornell

Nebraska Supreme Court

Decided January 29, 1915No. 17,837Published

Appeal from the district court for Richardson county: Leander M. Pemberton, Judge.

1ConcurrenceHamer, J.

One of the quarters of land sold was not properly appraised. The interest of the mortgage debtor was appraised at nothing. The opinion takes the view that it is too late, after a sale of real estate under a decree of foreclosure, to question the correctness of the appraisement except for fraud, citing Security Investment Co. v. Sizer, 58 Neb. 669, and in the body of the opinion citing, also, three other cases. Whether the interest of the mortgage debtor is appraised too low ought to be the only question which can be properly raised. An appraisement which tends to drive prospective bidders…

2Cases cited9 opinions

  1. Vought v. FoxworthyNebraska Supreme Court · 1894
  2. Burkett v. ClarkNebraska Supreme Court · 1895
  3. Ecklund v. WillisNebraska Supreme Court · 1895
  4. Kearney Land & Investment Co. v. AspinwallNebraska Supreme Court · 1895
  5. Mills v. HamerNebraska Supreme Court · 1898

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