First National Bank v. Hahn

Nebraska Supreme Court

First National Bank v. Hahn

77 N.W. 50, 56 Neb. 679, 1898 Neb. LEXIS 287

CourtNebraska Supreme Court

DecidedNovember 17, 1898

DocketNo. 8439

StatusPublished

Cited by1 cases

This text of 77 N.W. 50 (First National Bank v. Hahn) 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

First National Bank v. Hahn, 77 N.W. 50, 56 Neb. 679, 1898 Neb. LEXIS 287 (Neb. 1898).

Pincite

Opinion

Ryan, C.

This is an appeal from an order .of confirmation of a sale of real property on a decree of foreclosure entered in the district court of Douglas county. It is insisted that upon motion to that effect the appraisement should have been vacated and confirmation denied upon the assumption that there was no evidence contradicting the showing of a value of the property greatly in excess of the appraisement as shown by affidavits. This view of the condition of the evidence ignores the appraisement itself, which is the sworn statement of three disinterested persons upon an actual view of the premises appraised. It is, therefore, the not unusual case of a ruling upon consideration of conflicting evidence, and in such cases the ruling assailed must be sustained. The judgment of the district court is

Affirmed,

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Ryan, C.

This is an appeal from an order .of confirmation of a sale of real property on a decree of foreclosure entered in the district court of Douglas county. It is insisted that upon motion to that effect the appraisement should have been vacated and confirmation denied upon the assumption that there was no evidence contradicting the showing of a value of the property greatly in excess of the appraisement as shown by affidavits. This view of the condition of the evidence ignores the appraisement itself, which is the sworn statement of three disinterested persons upon an actual view of the premises appraised. It is, therefore, the not unusual case of a ruling upon consideration of conflicting evidence, and in such cases the ruling assailed must be sustained. The judgment of the district court is

Affirmed,

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Bluebook (online)

77 N.W. 50, 56 Neb. 679, 1898 Neb. LEXIS 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-national-bank-v-hahn-neb-1898.

Opinion

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