61 Neb. 287 | Neb. | 1901
An appeal is taken from an order of confirmation of sale of real estate made under a decree in foreclosure proceedings. It appears from the record that nnder an order of sale first issued the property was appraised and offered for sale twice after due advertisement, but was not sold for want of bidders. Thereupon it was reappraised and after advertisement again offered for sale, but not sold for ay ant of bidders. Objections to tbe last
• It is argued the court erred in its order vacating and setting aside the first appraisement of the property at $550. The objection is not well taken. .Under the provisions of section 195 of the Code, the appraisement, after two offerings of the property, without bidders, became of no consequence in determining the amount for which the property should sell,, and a new appraisement was authorized. The other appraisements were vacated on the appellants’ objections, and, therefore, they can not now be heard to complain.
In the order of the court made on motion of the appellants, vacating the prior appraisements and setting aside the last sale, a new appraisement and sale was directed. The appraisement, sale and other proceedings had under such order appear regular, and the order of confirmation was properly entered.
We observe no cause for a special order as to the taxation or retaxation of the costs.
Affikmfd.
