17 Neb. 495 | Neb. | 1885
This is an action brought by the plaintiff against the defendant to quiet the title to the west half of, section twenty-two, township four north, range five west, in Nuckolls county.. The court below found the issues in favor of the defendant and dismissed the action. The plaintiff appeals. It appears from the record that in the
The first question was before this court in Johnson v, Bemis, 7 Neb., 224, and it was held that, where there is. no prohibition in the statute, a sheriff who has levied an execution upon real or personal property of the debtor1 before the return day of the writ may sell such property after the return day thereof. And that this rule applies, to an order of sale. Phillips v. Dana, 3 Scam., 551. Cox v. Joiner, 4 Bibb., 94. Lester’s Case, 4 Humph., 383, Logsdon v. Spivey, 54 Ill., 104. Savings Inst. v. Chum, 7 Bush., 539. Heywood v. Hildreth, 9 Mass., 393. Kane v. McCown, 55 Mo., 181. Remington v. Linthicum, 14 Pet., 84. Wheaton v. Sexton, 4 Wheat., 503. Doe v. Stone, 1 Hawks, 329. Stewart v. Severance, 43 Mo., 322. Taylor v. Gaskins, 1 Dev., 295. Wright v. Howell, 35 Iowa, 288, Gentler v. Martin, 3 Md., 146. Pettingil v. Moss, 3 Minn., 223. Wood v. Colvin, 5 Hill, 230. Moreland v. Bowling, 3 Gill., 500. Devoe v. Elliott, 2 Cal., 243. Bank v. Bray, 37 Mo., 194. The first objection, therefore, is not well taken,.
The judgment of the district court is right, and is affirmed.
Judgment aeeikmed.