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57 Neb. 313

George v. Keniston

Nebraska Supreme Court

Decided January 5, 1899

Nebraska Supreme Court · decided 1899-01-05

<p>1. Mortgage Foreclosure: Master Commissioner: Oath. The statute does not require that a master commissioner appointed to make a mortgage foreclosure sale shall take, subscribe, and file an oath. Xorllmcstern Mutual Life Ins. Oo. v. Mulvihill, 53 Neb. 538, followed.</p> <p>2. -: -: Appraisers: Oath. A master commissioner appointed to make a judicial sale has authority to administer the oath to the appraisers. (Supra.)</p>

Relies on Northwestern Mutual Life Insurance v. Mulvihill

Affirmed, · Decided 1899-01-05

Norval, J.

¶1This is an appeal from an order .confirming a sale of real estate made by a special master commissioner in pursuance of a decree of foreclosure of a mortgage.

¶2The defendants below and appellants urge in the briefs these grounds for reversal: (1.) The special master commissioner did not qualify by taking the oath of office. (2.) The appraisers Avere never sworn to make the appraisement as required by laAV, in that the oath was administered by the special master commissioner. (3.) The appraisement Avas so grossly inadequate as to amount to a fraud. In the briefs it is conceded that this cane is on all fours Avith the Northwestern Mutual Life Ins. Co. v. Mulvihill, 53 Neb. 538, and as all the objections to the appraisement and sale therein Avere decided adversely to the contention of these defendants, the order from which this appeal Avas taken is accordingly

¶3Affirmed.

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