25-1529 Sale of land; notice; publication; effect of failure to publish. - Nebraska Statutes

25-1529. Sale of land; notice; publication; effect of failure to publish.Lands and tenements taken in execution shall not be sold until the officer causes public notice of the time and place of sale to be given. The notice shall be given by publication once each week for four successive weeks in some newspaper printed in the county, or, in case no newspaper be printed in the county, in some newspaper in general circulation therein, and by posting a notice on the courthouse door, and in five other public places in the county, two of which shall be in the precinct where such lands and tenements lie. All sales made without such notice shall be set aside on motion, by the court to which the execution is returnable. SourceR.S.1867, Code § 497, p. 478; R.S.1913, § 8075; C.S.1922, § 9011; C.S.1929, § 20-1529; R.S.1943, § 25-1529; Laws 1971, LB 47, § 4.Annotations1. Publication2. Sufficiency3. Confirmation4. Effect1. PublicationThe requirements of section 25-520.01 apply to a publication of notice given under this section governing sales on execution. KLH Retirement Planning v. Okwumuo, 263 Neb. 760, 642 N.W.2d 801 (2002).Notice is required to be published during the thirty days. State ex rel. Harris v. Hanson, 80 Neb. 724, 115 N.W. 294 (1908), affirmed on rehearing 80 Neb. 738, 117 N.W. 412 (1908); Young v. Figg, 76 Neb. 526, 107 N.W. 788 (1906)."Newspaper" defined. Merrill v. Conroy, 77 Neb. 228, 109 N.W. 175 (1906); Turney v. Blomstrom, 62 Neb. 616, 87 N.W. 339 (1901); Hanscom v. Meyer, 60 Neb. 68, 82 N.W. 114 (1900).Notice must be published in all regular issues. Stevens v. Naylor, 75 Neb. 325, 106 N.W. 446 (1905).Publication in every issue of weekly newspaper for thirty days before sale is sufficient. Cuyler v. Tate, 67 Neb. 317, 93 N.W. 675 (1903).If sale is postponed it must be readvertised. Fraaman v. Fraaman, 64 Neb. 472, 90 N.W. 245 (1902)."Printed" is equivalent to "published"; no objection that paper is partly printed out of county. Aetna Life Ins. Co. v. Wortaszewski, 63 Neb. 636, 88 N.W. 855 (1902).In weekly newspaper, notice should be published in every issue for five consecutive weeks; affidavit should be after last publication. Nebraska Land, Stock-Growing & Investment Co. v. McKinley-Lanning Loan & Trust Co., 52 Neb. 410, 72 N.W. 357 (1897).Paper need not have general circulation in any particular city or portion of county. Smith v. Foxworthy, 39 Neb. 214, 57 N.W. 994 (1894).Sale on thirtieth day after first publication is improper. Wyant v. Tuthill, 17 Neb. 495, 23 N.W. 342 (1885).Posting notices is unnecessary if notice was published. Parrat v. Neligh, 7 Neb. 456 (1878).Return of sheriff is prima facie proof of due publication. Advertising more for sale than authorized does not invalidate notice. Northwestern Mut. Life Ins. Co. v. Marshall, 1 Neb. Unof. 36, 95 N.W. 357 (1901).2. SufficiencyThe phrase "on the courthouse door", as found in this section, is to be given a practical and reasonable interpretation, rather than a literal and technical construction, and a notice of public sale posted on a bulletin board near the courthouse door satisfies the statute's requirements. Kleeb v. Kleeb, 210 Neb. 637, 316 N.W.2d 583 (1982).Notice first published thirty days before sale and continued in every issue until sale, without publication on day of sale, is sufficient. Publisher's affidavit, presumption. Mallory v. Patterson, 63 Neb. 429, 88 N.W. 686 (1902).Notice correctly designating land by county, town, range and part of section is sufficient. Cross v. Leidich, 63 Neb. 420, 88 N.W. 667 (1902).Notice is sufficient if description of property is reasonably certain. Stull v. Seymour, 63 Neb. 87, 88 N.W. 174 (1901).Notice stating sale was under decree in case, giving title, is sufficient. Pearson v. Badger Lumber Co., 60 Neb. 167, 82 N.W. 374 (1900).Description following decree is generally sufficient. Miller v. Lanham, 35 Neb. 886, 53 N.W. 1010 (1892).One notice thirty days prior is insufficient. Lawson v. Gibson, 18 Neb. 137, 24 N.W. 447 (1885).Proper but unnecessary to state amount of foreclosure decree. Gallentine v. Cummings, 4 Neb. Unof. 690, 96 N.W. 178 (1903).3. ConfirmationSale of lands upon execution must be conducted substantially in manner prescribed in notice and in accordance with the decree, and court should refuse to confirm sale not so conducted. Farmers Security Bank of Maywood v. Wood, 132 Neb. 175, 271 N.W. 349 (1937).Where sale is confirmed without objection, confirmation settles and adjudicates sufficiency of publication in absence of fraud. Fisher v. Kellogg, 128 Neb. 248, 258 N.W. 404 (1935).Objections to confirmation of sale not urged in trial court are not available on appeal. Philadelphia Mortgage & Trust Co. v. Mockett, 55 Neb. 323, 75 N.W. 845 (1898).4. EffectNotice required by this section is to inform the public of the nature of the property, place, date, and terms of sale. Hollstein v. Adams, 187 Neb. 781, 194 N.W.2d 216 (1972).