RUPE v. OLDENBURG

No. 37016.

166 N.W.2d 417 (1969)

184 Neb. 229

Florence RUPE, Appellee, v. Mary OLDENBURG, a widow, et al., Appellees, Don Nielsen, Bidder-Appellant.

Supreme Court of Nebraska.

March 28, 1969.


Attorney(s) appearing for the Case

Berreckman & Nelsen, Cozad, for appellant.

Smith Brothers, Lexington, Robert E. Roeder, North Platte, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.


CARTER, Justice.

This is an appeal from a judgment of the district court for Frontier County confirming an upset bid following a judicial sale in a partition suit.

On March 11, 1968, pursuant to an order of the district court, the land described in the petition for partition was sold to Paul A. Gruber, Donald H. Nielsen, and Donald J. Gruber for the sum of $150,500, the bid being placed by Nielsen. The sum of $30,100 was paid in cash to the referees pursuant...

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