Legal Opinion

McMurtry v. Columbia National Bank

Nebraska Supreme Court

Decided December 9, 1897No. 7664PublishedCited by 1 opinion

Error from the district court of Lancaster county. Tried below before Tibbets, J.

1Opinion of the Court

Ragan, C.

This is a proceeding in error to review a judgment of the district court of Lancaster county confirming an execution sale of real estate.

1. The first assignment is that the value placed upon the property by the appraisers was very much less than its fair value. We cannot review this assignment for the reason that no objections to the appraisal were made and filed in the court from which the execution issued, before the sale occurred. (Overall v. McShane, 49 Neb., 64, and cases there cited.)

2. The plaintiff in error insisted in the court below, as a ground for setting aside the sale,…

2Cases cited1 opinion

  1. Overall v. McShaneNebraska Supreme Court · 1896

3Cited by1 opinion

  1. Best v. ZutavernNebraska Supreme Court · 1898

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