Rohlff v. Snyder's Estate

• Decision Date: 05 April 1905
• Parties: ROHLFF v. SNYDER'S ESTATE ET AL.
• Court: Nebraska Supreme Court

73 Neb. 524

103 N.W. 49

ROHLFF

v.SNYDER'S ESTATE ET AL.

Supreme Court of Nebraska.

April 5, 1905.

Syllabus by the Court.

In an administrator's sale the property sold for $3,625. After sale, and before confirmation, $4,000 was offered for the property by a responsible bidder, and the evidence showed that it would sell for that amount at a resale. The district court set the sale aside on the motion of the administrator, and ordered a resale. Held, that the order setting the sale aside and ordering resale was proper.

Commissioners' Opinion. Error to District Court, Sarpy County; Day, Judge.

In the matter of the estate of William Snyder, deceased, Louis Leiseur, administrator. On sale of the property, Henry Rohlff moved to have the sale set aside. From an order setting it aside, Rohlff brings error. Affirmed.G. W. Shields, for plaintiff in error.

H. Z. Wedgewood, for defendants in error.

LETTON, C.

At an administrator's sale of real estate in Sarpy county a certain lot in the village of Papillion was sold to Henry Rohlff for the sum of $3,625. Upon the report of sale being filed with the district court, the administrator moved to set aside the sale to Rohlff on the ground that the lot was sold for an inadequate price; that since the sale he had been offered an advance for the same over and above the selling price of more than 10 per cent., and has a written agreement with one Megal, a responsible person, who agrees to bid and to pay $4,000 for the premises upon a resale, and that Megal has deposited $500 with him as a forfeit if he fails to make the bid of $4,000. At the hearing upon the report of sale the court found that the sale was conducted in conformity with law; that since the sale a bona fide offer had been made to the administrator of a sum equal to 10 per cent. more than the premises sold for, with amount sufficient to cover the amount of probable costs of a resale; and found further that there were certain minor heirs who have interests in the estate, and that these heirs, by their guardian ad litem, are objecting to the confirmation. The court then set aside the sale to Rohlff, and ordered a resale. From this order refusing confirmation Rohlff has appealed to this court.

Testimony was taken at the hearing in regard to the value of the property, which shows, in substance, that at the administrator's sale William Krug, Wendall Megal, and Henry Rohlff were bidders; that Krug bid $3,600, and no more, and Megal $2,600, and no...