Nebraska Reports Volume 35

Nebraska Reports Volume 35

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: possible, state my reasons for failing to concur with the majority. This is an application to compel the purchaser of land under a decree of foreclosure of a mortgage to complete the purchase by paying the amount of his bid. He answers, in efi'ect, that he was induced to bid by the misrepresentations of the officer conducting the sale, and that a large mortgage, viz., $3,000, exists as an incumbrance against the land which he was induced to believe would be satisfied out of the proceeds of sale. The cause was submitted to the court on afiidavits as follows: "W. C. Norton, being first duly sworn according to law, deposes and says that on the 14th day of September, 1889, while the sale was being made of the lands sold under the order of sale in this case, this affiant had a conversation with the sheritf of said county, who was then and there conducting the said sale, wherein said she: -ifi' stated to this afiiant that said land, under the appraisement, could not be sold for less than $2,533.60, and that, under the appraisement, said last named amount would be sulficient to buy the same; that said sherifi' then and there examined the report of the appraisers, the certificates of the county clerk, clerk of the district court, and county treasurer, and, after making said examination, and after figuring up the amount of the decree, and the amount of liens on said lands, stated to this afiiant that the said sum of $2,533.60 would be sufiicient to purchase said land, and that, by paying the said sum of $2,533.60, this afiiant would acquire a good and perfect title to said land, free and clear of all previous liens or incumbrances. This afiiant then and there trusted and believed the said statement and representation of said sherifi', and...
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Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • United States
  • English
  • black & white illustrations
  • 1236990722
  • 9781236990723