Omaha Loan & Trust Co. v. Fitzpatrick

Nebraska Supreme Court

Omaha Loan & Trust Co. v. Fitzpatrick

80 N.W. 907, 59 Neb. 303, 1899 Neb. LEXIS 370

CourtNebraska Supreme Court

DecidedNovember 23, 1899

DocketNo. 9,024

StatusPublished

This text of 80 N.W. 907 (Omaha Loan & Trust Co. v. Fitzpatrick) 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

Omaha Loan & Trust Co. v. Fitzpatrick, 80 N.W. 907, 59 Neb. 303, 1899 Neb. LEXIS 370 (Neb. 1899).

Pincite

Opinion

Norval, J.

This appeal was taken from an order confirming a sale of real estate, the sole objection being that the property was appraised too low. The evidence adduced by the defendant tended to establish that the real estate was worth a much larger sum than was fixed in the appraisement, while the proof introduced on behalf of the plaintiff was to the effect that the property was not worth more than the figure at which it was appraised. We must refrain from weighing conflicting evidence, farther than to ascertain that it sustains the finding. There is an entire lack of evidence to establish fraud in making of the appraisement. The order appealed from is

Affirmed.

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Norval, J.

This appeal was taken from an order confirming a sale of real estate, the sole objection being that the property was appraised too low. The evidence adduced by the defendant tended to establish that the real estate was worth a much larger sum than was fixed in the appraisement, while the proof introduced on behalf of the plaintiff was to the effect that the property was not worth more than the figure at which it was appraised. We must refrain from weighing conflicting evidence, farther than to ascertain that it sustains the finding. There is an entire lack of evidence to establish fraud in making of the appraisement. The order appealed from is

Affirmed.

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Bluebook (online)

80 N.W. 907, 59 Neb. 303, 1899 Neb. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omaha-loan-trust-co-v-fitzpatrick-neb-1899.