10 Neb. 77 | Neb. | 1880
This ease concerns a sale of real estate under a decree of foreclosure. A motion was made in the court below to set the sale aside, chiefly for the reason that the required thirty days’ notice thereof was not given.
In the sheriff’s return to the order of sale it is certified that “ on the fifth day of March, a.d. 1879, I caused a notice to be published in the Nebraska Herald * * * that I would offer said real estate for sale,” etc. This seems to imply that the notice was actually published on-that day, which, had it been, would have answered the requirement of the statute in that particular.
But this certificate cannot he taken as proof of when the notice was in fact first published. Sec. 403
Judgment accordingly.