De Groot v. Wilson

Nebraska Supreme Court

De Groot v. Wilson

88 N.W. 657, 63 Neb. 423, 1902 Neb. LEXIS 7

CourtNebraska Supreme Court

DecidedJanuary 8, 1902

DocketNo. 10,924

StatusPublished

This text of 88 N.W. 657 (De Groot v. Wilson) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Groot v. Wilson, 88 N.W. 657, 63 Neb. 423, 1902 Neb. LEXIS 7 (Neb. 1902).

Pincite

Opinion

Norval, C. J.

The first objection to the confirmation of sale, that the property was appraised too low, lacks merit. There were two appraisements of the mortgaged premises. Under the first appraisement the property was valued at $4,399. Having been twice offered for sale under this appraisal, and not sold for want of bidders, there was another appraisement, made. This appraisement was in the sum of $4,160, under which the sale was made at more than two-thirds the appraisement. No evidence was adduced to show that this appraisement was unfair and unjust. It, therefore, must be presumed that the appraisers did their duty.

Lastly, it is urged that the sale is invalidated, because the order of sale was not returned within sixty days from its date. We have passed upon this question adversely to the contention of the defendants below. Amoskeag Savings Bank v. Robbins, 53 Nebr., 776. The order assailed is

Affirmed.

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Norval, C. J.

The first objection to the confirmation of sale, that the property was appraised too low, lacks merit. There were two appraisements of the mortgaged premises. Under the first appraisement the property was valued at $4,399. Having been twice offered for sale under this appraisal, and not sold for want of bidders, there was another appraisement, made. This appraisement was in the sum of $4,160, under which the sale was made at more than two-thirds the appraisement. No evidence was adduced to show that this appraisement was unfair and unjust. It, therefore, must be presumed that the appraisers did their duty.

Lastly, it is urged that the sale is invalidated, because the order of sale was not returned within sixty days from its date. We have passed upon this question adversely to the contention of the defendants below. Amoskeag Savings Bank v. Robbins, 53 Nebr., 776. The order assailed is

Affirmed.

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Bluebook (online)

88 N.W. 657, 63 Neb. 423, 1902 Neb. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-groot-v-wilson-neb-1902.