Insurance Co. of North America v. Ackerman

Nebraska Supreme Court

Insurance Co. of North America v. Ackerman

85 N.W. 287, 61 Neb. 312, 1901 Neb. LEXIS 44

CourtNebraska Supreme Court

DecidedFebruary 20, 1901

DocketNo. 9,390

StatusPublished

This text of 85 N.W. 287 (Insurance Co. of North America v. Ackerman) 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

Insurance Co. of North America v. Ackerman, 85 N.W. 287, 61 Neb. 312, 1901 Neb. LEXIS 44 (Neb. 1901).

Pincite

Opinion

Per Curiam.

The order under review confirms a sale of real estate made in execution of a decree of foreclosure. The motion for confirmation was resisted by appellant on two grounds: (1) That the register of deeds included in his certificate to the special master commissioner the mortgage which was the basis of the decree; and (2) that the appraisers’ valuation of the property was too low. There was no attack on the appraisement prior to the sale; and after the sale it could be questioned only for fraud. Ecklund v. Willis, 44 Nebr., 129; Kearney Land & Investment Co. v. Aspinwall, 45 Nebr., 601; Jarrett v. Hoover., 54 Nebr., 65; Ballou v. Sherwood, 58 Nebr., 20. The evidence of fraud is not, by any means, convincing; but.if it were conclusive, it would not impose upon the court the duty of setting the sale aside, since there was no allegation of a fraudulent appraisement. Brown v. Fitzpatrick, 56 Nebr., 61; Nelson v. Alling, 58 Nebr., 606. The order of confirmation is

Affirmed.

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Per Curiam.

The order under review confirms a sale of real estate made in execution of a decree of foreclosure. The motion for confirmation was resisted by appellant on two grounds: (1) That the register of deeds included in his certificate to the special master commissioner the mortgage which was the basis of the decree; and (2) that the appraisers’ valuation of the property was too low. There was no attack on the appraisement prior to the sale; and after the sale it could be questioned only for fraud. Ecklund v. Willis, 44 Nebr., 129; Kearney Land & Investment Co. v. Aspinwall, 45 Nebr., 601; Jarrett v. Hoover., 54 Nebr., 65; Ballou v. Sherwood, 58 Nebr., 20. The evidence of fraud is not, by any means, convincing; but.if it were conclusive, it would not impose upon the court the duty of setting the sale aside, since there was no allegation of a fraudulent appraisement. Brown v. Fitzpatrick, 56 Nebr., 61; Nelson v. Alling, 58 Nebr., 606. The order of confirmation is

Affirmed.

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Bluebook (online)

85 N.W. 287, 61 Neb. 312, 1901 Neb. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/insurance-co-of-north-america-v-ackerman-neb-1901.