Hawver v. Parkway Real Estate Co.

Nebraska Supreme Court

Hawver v. Parkway Real Estate Co.

87 N.W. 312, 62 Neb. 504, 1901 Neb. LEXIS 230

CourtNebraska Supreme Court

DecidedSeptember 18, 1901

DocketNo. 9,655

StatusPublished

This text of 87 N.W. 312 (Hawver v. Parkway Real Estate Co.) 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

Hawver v. Parkway Real Estate Co., 87 N.W. 312, 62 Neb. 504, 1901 Neb. LEXIS 230 (Neb. 1901).

Pincite

Opinion

Norval, C. J.

This appeal is prosecuted from an order of the district court confirming the sale of real estate made under a decree foreclosing a mortgage.

The appraisement and sale are assailed on the ground that the property was appraised at such a low sum as to amount to a fraud. Evidence in the nature of affidavits was taken on this point, which has been preserved in a bill [505]*505of exceptions. This evidence, as might be expected, was exceedingly conflicting. That introduced on one side fully sustains the appraisement as made, while that produced by the defendants tends to show that the premises were appraised at a sum not to exceed one-half their fair market value. Conflicting evidence will not he reviewed on appeal.

It is finally insisted that the sale should he vacated for the reason the sheriff offered for sale real estate which was not embraced in, nor covered by, the decree. A sufficient answer to this contention is that the record before us does not show that the sheriff did this. Besides, the objection ivas not raised in the court below. Creighton University v. Riley, 50 Nebr., 341. The order is

Affirmed.

Sullivan, J., absent, not voting.

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Norval, C. J.

This appeal is prosecuted from an order of the district court confirming the sale of real estate made under a decree foreclosing a mortgage.

The appraisement and sale are assailed on the ground that the property was appraised at such a low sum as to amount to a fraud. Evidence in the nature of affidavits was taken on this point, which has been preserved in a bill [505]*505of exceptions. This evidence, as might be expected, was exceedingly conflicting. That introduced on one side fully sustains the appraisement as made, while that produced by the defendants tends to show that the premises were appraised at a sum not to exceed one-half their fair market value. Conflicting evidence will not he reviewed on appeal.

It is finally insisted that the sale should he vacated for the reason the sheriff offered for sale real estate which was not embraced in, nor covered by, the decree. A sufficient answer to this contention is that the record before us does not show that the sheriff did this. Besides, the objection ivas not raised in the court below. Creighton University v. Riley, 50 Nebr., 341. The order is

Affirmed.

Sullivan, J., absent, not voting.

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Bluebook (online)

87 N.W. 312, 62 Neb. 504, 1901 Neb. LEXIS 230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawver-v-parkway-real-estate-co-neb-1901.