Kampman v. Nicewaner

CourtSupreme Court of Nebraska
Writing for the CourtSULLIVAN
Citation60 Neb. 208,82 N.W. 623
Decision Date02 May 1900
PartiesKAMPMAN v. NICEWANER ET AL.

60 Neb. 208
82 N.W. 623

KAMPMAN
v.
NICEWANER ET AL.

Supreme Court of Nebraska.

May 2, 1900.


[82 N.W. 624]


Syllabus by the Court.

1. A court of equity, when justice requires it, and its powers are seasonably invoked, may vacate an order confirming a judicial sale, and discharge the purchaser, who has become such through fraud, accident, or mistake.

2. An order confirming a judicial sale adjudicates only the proceedings under the order of sale. It has no relation to such grounds for equitable relief as were unknown to the parties and to the court at the time the order of confirmation was entered.

3. Where no attack has been made on an appraisement of property for the purpose of a judicial sale, an order setting aside such appraisement is unauthorized.

4. There is no authority in the law for a second appraisement of property for the purpose of a judicial sale, unless such property remains unsold for want of bidders after having been twice advertised and twice offered for sale under the first appraisement.


Appeal from district court, Antelope county; Robinson, Judge.

Action by Annie K. Kampman against Bascum Nicewaner and others. Judgment for plaintiff, and defendants appeal. Reversed.

J. F. Boyd, for appellants.

H. D. Kelley and Fred H. Free for appellee.


SULLIVAN, J.

Annie K. Kampman employed H. D. Kelly, Esq., of the Madison county bar, to act for her in foreclosing a mortgage covering real estate situate in Antelope county, and directed him, in case the property should be sold under a decree of the court, to bid the amount of her claim, but under no circumstances to bid more than that amount. In pursuance of his employment, Mr. Kelly, in behalf of his client, commenced an action in the district court against the owner of the land and others having interests therein, obtained a decree of foreclosure, and caused an order of sale to be issued for its enforcement. He then wrote H. L. McGinite, of Neligh, as follows: “An order of sale has been issued in the case of Annie K. Kampman vs. Bascom Nicewaner in the district court of your county, and is, no doubt, now being advertised for sale. Will you kindly look the matter up, and bid the land in, in the name of the plaintiff, for two-thirds of the appraised valuation, in case there are no other bidders? But, in case there are other bidders, then bid the land up to the amount of our claim, and oblige.” Mr. McGinite, acting under the authority of this letter, attended the sale, and caused the mortgaged premises to be struck off to Mrs. Kampman for the sum of $934. The appraised value of the property was $1.368.11, and the amount of plaintiff's claim at the time of the sale was...

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4 practice notes
  • Jenkins v. State, 10,596
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...v. Gorman, 19 Wall. [U.S.] 661; Robertson v. Davidson, 14 Minn. 554, and other cases holding that whatever is done under a judgment [82 N.W. 623] before it is superseded is not undone by the supersedeas, would be in point. But since the effect of an appeal to the district court is to blot o......
  • Kampman v. Nicewaner, 9,233
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...82 N.W. 623 60 Neb. 208 MRS. ANNIE K. KAMPMAN, APPELLEE, v. BASCUM NICEWANER ET AL. APPELLANTS No. 9,233Supreme Court of NebraskaMay 2, APPEAL from the district court of Antelope county. Heard below before ROBINSON, J. Reversed. REVERSED AND REMANDED. J. F. Boyd, for appellants: That appell......
  • Upchurch v. Upchurch, (No. 115.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • March 7, 1917
    ...or collusion" established on petitions regularly filed in the cause. Revisal, §2513; Ashbee v. Cowell, 45 N. C. 158; Kampman v. Nicewaner, 60 Neb. 208, 82 N. W. 623; Va. Ins. Co., etc., v. Cottrell, 85 Va. p. 857, 9 S. E. 132, 17 Am. St. Rep. 108. Considering this legislation in view of the......
  • State Life Ins. Co. of Indianapolis, Ind. v. Heffner, No. 29764.
    • United States
    • Supreme Court of Nebraska
    • November 12, 1936
    ...confirming a judicial sale and discharge the purchaser who has become such through fraud, accident or mistake.” Kampman v. Nicewaner, 60 Neb. 208, 82 N.W. 623. 3. Where a judgment is rendered against a defendant in a district court having two judges, by one of the judges thereof, an applica......
4 cases
  • Jenkins v. State, 10,596
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...v. Gorman, 19 Wall. [U.S.] 661; Robertson v. Davidson, 14 Minn. 554, and other cases holding that whatever is done under a judgment [82 N.W. 623] before it is superseded is not undone by the supersedeas, would be in point. But since the effect of an appeal to the district court is to blot o......
  • Kampman v. Nicewaner, 9,233
    • United States
    • Supreme Court of Nebraska
    • May 2, 1900
    ...82 N.W. 623 60 Neb. 208 MRS. ANNIE K. KAMPMAN, APPELLEE, v. BASCUM NICEWANER ET AL. APPELLANTS No. 9,233Supreme Court of NebraskaMay 2, APPEAL from the district court of Antelope county. Heard below before ROBINSON, J. Reversed. REVERSED AND REMANDED. J. F. Boyd, for appellants: That appell......
  • Upchurch v. Upchurch, (No. 115.)
    • United States
    • North Carolina United States State Supreme Court of North Carolina
    • March 7, 1917
    ...or collusion" established on petitions regularly filed in the cause. Revisal, §2513; Ashbee v. Cowell, 45 N. C. 158; Kampman v. Nicewaner, 60 Neb. 208, 82 N. W. 623; Va. Ins. Co., etc., v. Cottrell, 85 Va. p. 857, 9 S. E. 132, 17 Am. St. Rep. 108. Considering this legislation in view of the......
  • State Life Ins. Co. of Indianapolis, Ind. v. Heffner, No. 29764.
    • United States
    • Supreme Court of Nebraska
    • November 12, 1936
    ...confirming a judicial sale and discharge the purchaser who has become such through fraud, accident or mistake.” Kampman v. Nicewaner, 60 Neb. 208, 82 N.W. 623. 3. Where a judgment is rendered against a defendant in a district court having two judges, by one of the judges thereof, an applica......

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