Penn Mutual Life Insurance v. Creighton Theatre Building Co.

From an order of the district court for Douglas county refusing to confirm a judicial sale Abraham L. Reed and Freeman P. Kirkendall, claiming to be purchasers of the property sold, have prosecuted an appeal to this court. The facts out of which the controversy arises are sufficiently stated in the case of Penn Mutual Life Ins. Co. v. Creighton Theatre Building Co., 51 Neb. 659, and need not be restated here. To show the manner in which the cause was submitted to the district court we make the following excerpt from the order vacating the sale: “This cause came on to be heard upon the return…