Wells v. Frazier
Wells v. Frazier
Opinion of the Court
We will consider only the objections to confirmation of sale of real estate to which our attention is called in the brief of counsel for appellants.
The objection that the appraisal of the land was for an inadequate sum comes too late, since it was not made until after sale, and just before an order of confirmation was asked for.
As to the second objection, we have held several times Nat a deputy sheriff may act for the sheriff in making an appraisement of land for the purpose of a judicial sale in the execution of a decree of foreclosure of a real estate mortgage. Richardson v. Hahn, 63 Nebr., 294, and authorities there cited.
It is next urged that because in the appraisal and advertisement of sale the parties are designated as Hiram C. Wells v. William W. Frazier et al., and the appraisal was of the interest of William W. Frazier et al., without naming the defendants who appeal, and who were the owners of the equity of redemption, this renders the proceedings so irregular as to amount to prejudicial error. The parties were designated with sufficient certainty to show the nature of the proceedings and the action in which the decree of foreclosure and order of sale were entered. The appraisement found the gross value of the lands from which was deducted prior incumbrances, the net appraised value being found as the value of the interest of all the defendants in the property. This certainly would include the
The order appealed from is accordingly
Affirmed.
Reference
- Full Case Name
- Hiram C. Wells v. W. W. Frazier, Impleaded with Marion S. Allen
- Status
- Published