Siwooganock Guaranty Savings Bank v. Feltz
Siwooganock Guaranty Savings Bank v. Feltz
Opinion of the Court
The only question involved in this case is the correctness of the judgment of the district court in confirming the sale in a suit involving the foreclosure of certain mortgages. The only party complaining here is the owner of the lands covered by the foreclosure. The validity of the decree of foreclosure is not questioned and could not be by the owner as he availed himself of the statutory stay after decree. Upon the expiration of the stay, an order of sale was issued and the property appraised at $6,000. It was offered twice, and not sold for want of
Objection No. 1 must fail for the reason that the objection was not made prior to the sale. Mills v. Hamer, 55 Neb. 445.
Objection No. 2 must fail, as the record shows that a return of the order of sale, dated September 20, 1907, was made on December 19, 1907. The fact that the return of sale was not filed untii more than 60 days after its issuance by the cleric did not invalidate it. Amoskeag Savings Bank v. Robbins, 53 Neb. 776.
Objection No. 3 must yield to the record, Avhich shows that the property was offered twice for sale before any attempt was made to reappraise and sell the same.
Objection No. 4 must fail because the failure of the sheriff to appraise the interest of the owner of the property was without prejudice, for the reason that no deductions whatever were made from the total appraised value as fixed by the appraisers on the second appraisal.
The objections taken by defendant being all without merit, the judgment of the district court is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.