Gulick v. Webb
Decision Date | 18 September 1894 |
Citation | 41 Neb. 706,60 N.W. 13 |
Parties | GULICK ET AL. v. WEBB ET AL. |
Court | Nebraska Supreme Court |
OPINION TEXT STARTS HERE
Syllabus by the Court.
1. Points not argued in the supreme court will be deemed to be waived.
2. Persons who desire to make a joint purchase of the property may enter into an agreement by which one person is authorized to bid,
on their joint account and for their joint benefit, on property about to be sold at sheriff's sale; and such agreement will not be illegal if it does not include the purpose not to compete, or not to bid, or to chill bids, or to prevent competition, or deter others from bidding. Nor does the fact that such agreement may indirectly have the effect to keep others from bidding make it unlawful. To render it illegal, it must further appear that the purpose of entering into the agreement was to avoid competition.
3. At a sheriff's sale of real property, five holders of liens against such property, none of whom were financially able to bid individually at such sale, entered into an agreement whereby one of their number, by attorney, bid in the property, which was struck off to him as trustee for himself and the other four lien holders. Held, that this was not such a combination as would of necessity discourage or prevent competition in bidding, and was therefore insufficient to vitiate the sale.
4. The evidence examined, and held sufficient to sustain the finding and judgment of the lower court in confirming the sale.
Appeal from district court, Lancaster county; Tibbets, Judge.
Action by W. D. Gulick and others against Mary Webb and others to enforce mechanics' liens, in which there was a decree for plaintiffs and sale of the property. From an order overruling their objections to a confirmation of such sale, D. T. Coffman and George E. Bigelow appeal. Affirmed.
W. Henry Smith, for appellants.
Stevens, Love & Cochran, for appellees.
As the result of an action in the district court of Lancaster county to foreclose certain mechanics' and mortgage liens, the property proceeded against, to wit, lots Nos. 7 and 8 in block No. 315 of Jane Y. Irwine's addition to the city of Lincoln, otherwise known as subdivision 62 of S. W. Little's subdivision of the W. 1/2 of the S. W. 1/4 of section 24 in township 10 N., range 6 E. of the sixth P. M., in the city of Lincoln, Neb., was sold by the sheriff of said county under and by virtue of an order of sale issued in accordance with the terms of a decree rendered in the suit. The sale was made on the 16th day of February, 1892, to William H. Tyler, for the sum of $13,000, which was more than two-thirds of the appraised value. To the confirmation of the sale, objections were filed by George E. Bigelow, as follows: And subsequently additional objections were filed by D. T. Coffman and George E. Bigelow, as follows: “And now, February 23, 1892, come the above-named parties, and by leave,” etc., “file the following objections and protests against the confirmation of the sheriff's sale,” etc.: ...
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McMillan v. Harris
......308, 6 S.Ct. 50,. 29 L.Ed. 398; Allen v. Gillette, 127 U.S. 589, 8. S.Ct. 1331, 32 L.Ed. 271; Baird v. Baird's. Heirs, 21 N.C. 524; Gulick v. Webb (Neb.) 60. N.W. 13; Phippen v. Stickney, 3 Metc. (Mass.) 384;. Pennsylvania Transp. Co.'s Appeal, 101 Pa. St. 576;. Thames v. Miller, ......
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Mcmillan v. Harris
...Ct. 50, 29 L. Ed. 398; Allen v. Gillette, 127 U. S. 589, 8 Sup. Ct. 1331, 32 L. Ed. 271; Baird v. Baird's Heirs, 21 N. C. 524; Gulick v. Webb (Neb.) 60 N. W. 13; Phippen v. Stickney, 3 Mete. (Mass.) 384; Pennsylvania Transp. Co.'s Appeal, 101 Pa. St. 576; Thames v. Miller, 2 Woods, 564, Fed......
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Martin v. Kearney Cnty.
...and any question as to the city's liability may, therefore, under the rule of this court, be deemed to have been waived. Gulick v. Webb, 41 Neb. 706, 60 N. W. 13. That the city cannot be held, we think, is settled by former decisions of this court on a like question. In McCague v. City of O......