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Royal Highlanders v. Louthan

Royal Highlanders v. James H. Louthan

Royal Highlanders v. Louthan, 243 N.W. 267 (Neb. 1932)
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Court
Nebraska Supreme Court · State Highest Courts
Decided
July 1, 1932
Docket
No. 28239
Judges
Day, Dean, Eose, Goss, Horth, Paine
Citations
243 N.W. 267123 Neb. 4691932 Neb. LEXIS 220

Opinion of the Court — Horth

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Horth, District Judge.

The defendants, James H. Louthan and Mary L. Louthan, appeal from an order of the district court for Banner county confirming the sale of a section of land, under a decree of foreclosure. The errors alleged and relied upon by the appellants are: (1) The court erred in finding that the property sold for its fair and reasonable value under the circumstances and conditions of the sale; and (2) the court erred in finding that the property would not realize a greater amount at a second sale.

The burden of proof is upon the appellants to show affirmatively that the judgment of the trial court was erroneous. The evidence on the question of the value of the land was by way of affidavits and these are not convincing that the amount for which the land sold under the circumstances and conditions of' the sale was so inadequate as to make it appear that it was the result of fraud or mistake. On the question of whether a greater amount would be realized at a second sale, appellants’ evidence is silent.

The judgment of the district court is therefore affirmed, with leave to appellants to redeem before the mandate is issued.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1934: 11942: 119342026peak 1934 · 1

Relies on it most ⓘ

  1. National Battery Co. v. Levy126 F.2d 33 (8th Cir. 1942)
  2. Howells State Bank v. Hardes253 N.W. 410 (Neb. 1934)

Most recent

  1. National Battery Co. v. Levy126 F.2d 33 (8th Cir. 1942)
  2. Howells State Bank v. Hardes253 N.W. 410 (Neb. 1934)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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