55 Neb. 353 | Neb. | 1898
This proceeding in error is for the review of the order of the district court of Buffalo county overruling certain objections to the confirmation of a sheriff’s sale upon the foreclosure of a mortgage.
The first objection urged was that one of the appraisers was deputy sheriff of the aforesaid county and therefore was disqualified. Whether the effect claimed would of necessity result from this alleged disqualification we need not determine, for there was evidence that neither appraiser was a deputy sheriff, and a ruling of the district court on a disputed fact made on conflicting evidence will not be disturbed in this court.
It was next objected that there was no showing that the newspaper in which publication of the notice of sale was made had a bona fide circulation of 200 copies weekly and had been published for fifty-two successive weeks prior to such publication. The return of the sheriff showed that the newspaper was one printed and in general circulation in Buffalo county, and this is in strict compliance with section 497, Code of Civil Procedure. The sheriff was not required to state the facts upon which his return as to the status of the newspaper in question was founded.
It was next objected that no application for a statement of liens was addressed to the city or town treasurer of the city of’ Kearney. It has been held by this court that the certificate of liens may be entirely waived by
Affirmed.