Clark & Leonard Investment Co. v. Hamilton
Clark & Leonard Investment Co. v. Hamilton
Opinion of the Court
To reverse an order of the district court of Lancaster county confirming a sale of real estate made under a decree of foreclosure Belle V. Hamilton and William S. Hamilton have brought this case here by appeal. Two objections to the confirmation are argued in appellants’ brief. We will consider them in the order of their presentation.
The decree of foreclosure was rendered on the 29ih day of March, 1893, and on the 29th day of August, 1894, the clerk of the district court issued, and there was filed in the office of the register of deeds of said county on the same day a certificate of satisfaction of the mortgage which was the basis of the decree. This certificate was so issued and filed pursuant to the provisions of section 83ft and 837) of article 1, chapter 18, Compiled Statutes 1897. There was, in truth, no satisfaction of the mort
The second objection .to the confirmation is based on the failure of the sheriff to return the order of sale within sixty days from the date of its issuance. This objection was properly Overruled. In the case of Amoskeag Savings Bank v. Robbins, 53 Neb. 776, and also in the case of Jarrett v. Hoover, 54 Neb. 65, both decided at the present term, we held that the failure to return an order of sale within sixty days from its date is not a valid objection to the confirmation of a judicial sale. It. follows that the judgment of the district court is right and should be
Affirmed.
Reference
- Full Case Name
- Clark & Leonard Investment Company v. Belle V. Hamilton
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- 1 case
- Status
- Published