ted to the several creditors in proportion to the amount of their respective demands. In all other cases, the writ of execution first delivered to the officer shall be first satisfied. And it shall be the duty of the officer to endorse on every writ of execution the time when he received the same; but nothing herein contained shall be so construed as to affect any preferable lien which one or more of the judgments on which execution issued may have on the lands of the judgment debtor.

SEC. 485. [Levy.]-The officer to whom a writ of execution is delivered, shall proceed immediately to levy the same upon the goods and chattels of the debtor; but if no goods and chattels can be found, the officer shall endorse on the writ of execution "no goods," and forthwith levy the writ of execution upon the lands and tenements of the debtor, which may be liable to satisfy the judgment.

SEC. 486. [Intervening claimants-Trial right of property.]—If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, it shall be the duty of said officer forthwith to give notice in writing to some justice of the peace in the county, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant; and at the same time he shall furnish the said justice of the peace with a schedule of the property claimed. And it shall be the duty of such justice of the peace immediately upon the receipt of such notice and schedule to make an entry of the same upon his docket, and issue a writ of summons, directed to the sheriff or any constable of the county, commanding him to summon five disinterested men, having the qualification of electors, who shall be named in said summons, to appear before him, the said justice, at the time and place therein mentioned, which time shall not be more than three days after the date of said writ, to try and determine the right of the claimant to the property in controversy. And it shall be the duty of the claimant to give two days notice in writing to the plaintiff or other party for whose benefit such execution was issued and levied as aforesaid, his agent or attorney, if within the county, of the time and place of such trial; and he shall, moreover, prove to the satisfaction of said justice that such notice was given, or that the same could not be given by reason of the absence of the party, his agent or attorney.

SEC. 487. [Same-Proceedings.]-The jury summoned as aforesaid, shall be sworn to try and determine the right of the claimant to the property in controversy, and a true verdict to give, according to the evidence. If the jury shall find the right to said goods and chattels, or any part thereof, to be in the claimant, they shall also find the value thereof, and the justice shall render judgment upon such finding of the jury, for the claimant, that he recover his costs against the plaintiff in execution, or other party to the same for whose benefit the execution issued, and also that he have restitution of said goods and chattels, or any part thereof, according to the finding of the jury. But if the right of the said goods and chattels, and every part thereof, shall not be in the claimant according to the finding of said jury, then the said justice shall render judgment on such finding, in favor of the plaintiff in execution, or other party for whose benefit the same was issued and levied, against said claimant for costs, and award execution thereon. Said justice of the peace, in the taxation of costs accruing by reason of such claim and trial, shall allow each juror summoned and sworn, the sum of fifty cents; and for the sheriff, constable or other officer, and witnesses, and for himself, he shall tax such fees as are allowed by law to each respectively, for like services rendered in other cases. Such judgment for the claimant (unless an undertaking shall be executed, as provided in the next section), shall be a justifica

SEC. 485. If levy is made before return day of the writ, sale may be had afterwards. The rule applies to an order of sale. 7 Neb. 226. Return of writ, without sale, is an abandonment of levy on personal property. 10 Neb. 419.

SEC. 486. Sheriff can institute proceedings only at instance of claimant. If jury find against claimant he cannot maintain action against sheriff, while if finding be in his favor, the plaintiff in execution inay tender undertaking (sec. 488) and require sale to proceed. 5 Neb. 458. Party cannot be deprived, without his consent, of his right to a trial by jury. Id. See sec. 996, post and note.

tion of the officer in returning "no goods" to the writ of execution, by virtue of which the levy has been made, as to such part of the goods and chattels as were found to belong to such claimant.

SEC. 488. [Same-Sale of property-Bond.]-If the jury shall find the property, or any part thereof, to be in the claimant, and the plaintiff in execution. shall at any time within three days after said trial, tender to the sheriff or other officer having such property in his custody on execution, an undertaking, with good and sufficient sureties payable to such claimant, in double the amount of the value of such property as assessed by the jury, to the effect that they will pay all damages sustained by reason of the detention or sale of such property, then the sheriff or other officer shall deliver said undertaking to the claimant, and proceed to sell such property, as if no such trial of the right of property had taken place, and shall not be liable to the claimant therefor.

SEC. 489. [Goods unsold-Delivery bond.]-In all cases where a sheriff, coroner or other officer, shall, by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may. for his own security take of the defendant an undertaking with security in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice given in writing to said defendant in execution, or by advertisement, published in a newspaper printed in the county, naming therein the day and place of sale. If the defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him given, or to pay to the officer holding the execution, the full value of said. goods and chattels, or the amount of said debt and costs, the undertaking, given as aforesaid, shall be considered as broken, and may be proceeded on as in other

cases.

SEC. 490. [Notice of sale-Re-sale.]-The officer who levies upon goods and chattels, by virtue of an execution issued by a court of record, before he proceeds to sell the same, shall cause public notice to be given of the time and place of sale, for at least ten days before the day of sale. The notice shall be given by advertisement published in some newspaper printed in the county, or in case no newspaper be printed therein, by putting up advertisements in five public places in the county; two advertisements shall be put up in the precinct where the sale is to be held. And where goods and chattels levied upon cannot be sold for want of bidders, the officer making such return shall annex to the execution a true and perfect inventory of such goods and chattels; and the plaintiff in such execution may thereupon sue out another writ of execution, directing the sale of the property levied upon as aforesaid; but such goods and chattels shall not be sold unless the time and place of sale be advertised as hereinbefore provided.

SEC. 491. [Same property-Several levies.]-When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall at the request of the person entitled to the benefit thereof, his agent, or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold, shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon the lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt. SECS. 492, 493. [Repealed 1875, 61.]

SEC. 491 a. [Appraisal of lands levied on.]-SEC. 1. Whenever, hereafter, execution shall be levied on any lands and tenements, the officer levying

SEC. 491 a-f. "An act for the more equitable appraisement of real property under judicial sale," passed and took effect Feb. - 1875, Laws p. 60, and repealing sections 492 and 493. The act is not unconstitutional. 6 Neb. 36. It is not error for the sheriff to neglect to take steps to ascertain what liens prior to the order of sale, there were upon the land, it not being shown that any such liens in fact existed. 5 Neb. 257. An oath to "appraise the property" instead of the "interest" of the debtor is not an error for which sale will be set aside. Id. Return should show that appraisers are residents of the county. 1 Neb. 409.

the same shall call an inquest of two disinterested freeholders, who shall be residents of the county where the lands taken on execution are situated, and administer to them an oath impartially to appraise the interest of the person, or persons, or corporation against whom the execution is levied, in the property so levied upon, and such officer, together with said freeholders, shall appraise said interest at its real value in money, and such appraisement shall be signed by such officer and said freeholders, respectively. [1875, 60.]

SEC. 491 b. Same-How made.]--SEC. 2. That for the purpose of the appraisement mentioned in the last preceding section, the officer and the freeholders therein named shall deduct from the real value of the lands and tenements levied on, the amount of all liens and incumbrances for taxes or otherwise, prior to the lien of the judgment under which execution is levied, and to be determined as hereinafter provided, and which liens and incumbrances shall be specifically ennumerated, and the sum thereafter remaining shall be the real value of the interest therein of the person, or persons, or corporation against whom or which the execution is levied,

SEC. 491 c. [Same-Certificates of incumbrances.]--SEC. 3. It shall be the duty of the county clerk, the clerk of the district court, and the county treasurer of the county wherein such levy is made, for the purpose of ascertaining the amount of the liens and incumbrances upon the lands and tenements so levied upon, on application of the sheriff in writing, holding such execution, to certify to said sheriff under their respective hands and official seals, the amount and character of all liens existing against the lands and tenements levied on, and which are prior to the lien of such levy, as the said liens appear of record in their respective offices. For which certificate and the necessary search therefor, said officer shall receive a fee of two dollars ($2.00) each, to be paid by the plaintiff in the execution, and taxed as increased costs in the action in which the judgment on which execution was issued was rendered.

SEC. 491 d. [Same-Lands, how and when sold.]-SEC. 4. The officer holding such appraisement shall forthwith deposit a copy thereof, including his application to the officers enumerated in section three of this act, and their official certificates as in said section provided, in the office of the clerk of the court from which such execution issued, and shall immediately advertise and sell said real estate, lands, and tenements agreeably to the provisions of this act, but in no case shall he sell any such real estate, lands, or tenements for less than two-thirds the appraised value of the interest of the person, persons, or corporation, against whom the execution was issued, unless it appear from the appraisement under this act that the liens and incumbrances thereon equal or exceed its real value in money.

SEC. 491 e. SEC. 5.[ Repealed section 492 and 493.]

SEC. 491 f. [Construction.]-SEC. 6. This act shall take effect and be in force from and after its passage, but shall not apply to executions which shall issue upon judgments already entered.

SEC. 494. [Same-Lands sold by state. Nothing contained in this and the preceding sections of this title shall in anywise extend to affect the sale of any land by the state, but all lands therein, the property of individuals indebted to the state for any debt or taxes, or in any other manner, shall be sold without valuation, for the discharge of such debt or taxes, agreeably to the laws for such cases made and provided.

SEC. 495. [New appraisement.]-In all cases where real estate may here

SEC. 491 b. Appraisers act judicially. Tax deeds are not liens. 8 Neb. 9. Liens must be deducted. It is not sufficient to appraise "the interest" of the debtor. 10 Neb. 422. Premises were appraised at $2500. but by erroneous valuation of liens, defendant's interest was only valued at $143.77. Property sold for $1675, held, that the consideration of such erroneous liens by appraisers was error without prejudice. 8 Neb. 481. SEC. 491 c. These officers do not exercise judicial powers. 8 Neb. 481.

SEC. 491 d. If record is silent presumption is that sheriff deposited copy of appraisement as required. 5 Neb. 259. 9 Neb. 255. Each lot or parcel of ground should be appraised and sold separately. 1 Neb. 409 But a homestead consisting of different parcels taken from distinct lots adjoining each other, may be sold as one tract. 5 Neb. 49.

after be levied upon, by virtue of any execution or order of sale, and shall have been appraised, and twice advertised and offered for sale, and shall remain unsold. for want of bidders, it shall be the duty of the officer to cause a new appraisement of such real estate to be made, and successive executions or orders of sale may issue at any time in vacation, after the return of the officer "not sold for want of bidders," at the request of the plaintiff or his attorney.

SEC. 496. [Delinquent officers' property levied upon.]-If the property of any clerk, sheriff, coroner, justice of the peace, constable, or any collector of state, county, town, or township tax, shall be levied on, for or on account of any moneys that now are, or may hereafter be, by them collected or received in their official capacity, the property so levied on shall be sold without valuation.

SEC. 497. [Sale of lands-Notice.]-Lands and tenements, taken in execution, shall not be sold until the officer cause public notice of the time and place of sale [to] be given, for at least thirty days before the day of sale, by advertisement 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 putting up an advertisement on the court house 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 advertisement shall be set aside, on motion, by the court to which the execution is returnable.

SEC. 497 a. [Redemption of land from levy and sale.]-SEC. 1. The owners of any real estate against which a decree of foreclosure has been rendered in any court of record, or any real estate levied upon to satisfy any judgment or decree of any kind, may redeem the same from the lien of such decree or levy at any time before the sale of the same shall be confirmed by a court of competent jurisdiction by paying into court the amount of such decree or judgment, together with all interests and costs; and in case the said real estate has been sold to any person not a party plaintiff to the suit, the person so redeeming the same shall pay to said purchaser twelve per cent. interest on the amount of the purchase price from the date of sale to the date of redemption, or deposit the same with the clerk of the court where the decree or judgment was rendered. [1875, 57.]

SEC. 498. [Confirmation of sale.]-If the court upon the return of any writ of execution or order of sale for the satisfaction of which any lands and tenements have been sold, shall, after having carefully examined the proceedings of the officer, be satisfied that the sale has in all respects been made in conformity to the provisions of this title, the court shall direct the clerk to make an entry on the journal that the court is satisfied of the legality of such sale, and an order that the officer make to the purchaser a deed of such lands and tenements; and the officer on making such sale may retain the purchase money in his hands until the court shall have examined his proceedings as aforesaid, when he shall pay the same to the person entitled thereto, agreeable to the order of the court; Provided, That the judge of any district court may confirm any such sale at any time after such officer has made his return, on motion and ten days notice to the adverse party or his attorney of record, if made in vacation. When any sale is confirmed in vaca

SEC. 497. If advertisement is given in newspaper printed in the county, it is not necessary to post notices. 7 Neb. 459. 8 Neb. 482. SEC. 497 &. "An act providing for the redemption of real estate from decree and judgment liens," passed and took effect Feb. 25, 1875. Laws 1875, 57. Cited 4 Neb. 404.

SEC. 498. The amendment consists in the addition of the words "or order of sale" in second line and the proviso. Order confirming sale cannot be attacked collaterally. 1 Neb. 322. 2 Neb. 156. Nor can an order setting sale aside on the ground that judgment was not a lien. 8 Neb. 398. Power and duty of court relative to judicial sales. 3 Neb. 197. 4 Neb. 536. 7 Net 458. 8 Neb. 398. Caveat emptor. 1 Neb. 292. 4 Neb. 535. Purchaser acquires no rights if efficient supersedez 3 bond is on file. 8 Neb.306. 10 Neb. 133. Title of purchaser depends on sale being finally confirmed. 8 Neb. 259. 10 Neb. 134. Sales held good under a particular state of facts. 8 Neb. 481. 9 Neb. 94. Sales set aside under a particular state of facts. 4 Neb. 404, 531. 8 Neb. 302. Motion to set aside sale should point out specifically the errors complained of. 7 Neb. 226. If overruled, should be excepted to. 7 Neb. 459. Conspiracy to prevent competition not established by affidavits containing mere hearsay statements. 5 Neb. 260. Court may confirm or set aside sale, but has no authority to modify its terms. 9 Neb. 167. Interest on money ordered refunded to purchaser at a sale subsequently set aside, allowed. 10. Neb. 137. On appeal from an order of confirmation, supreme court will not examine merits of original case 9 Neb. 499. See also State Bank v. Green, 11 Neb.

tion, the judge confirming the same shall cause his order to be entered on the journal by the clerk. [Amended 1875, 38. Took effect Feb. 25, 1875.)

SEC. 499. [Deed to purchaser.]--The sheriff or other officer, who, upon such writ or writs of execution, shall sell the said lands and tenements, or any part thereof, shall make to the purchaser or purchasers thereof, as good and sufficient a deed of conveyance of lands and tenements sold as the person or persons against whom such writ or writs of execution were issued could have made of the same, at the time they became liable to the judgment, or at any time thereafter.

SEC. 500. [Same--Estate conveyed.]-The deed shall be sufficient evidence of the legality of such sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned as was vested in the party, at or after the time when such lands and tenements became liable to the satisfaction of the judgment. And such deed of conveyance, to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount, and date of term of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid; and shall be executed, acknowledged, and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases.

SEC. 501. [Fees of officers-When paid.]-The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ or execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice.

SEC. 502. [Same.]-Before any officer shall be excused from giving the notification mentioned in the last section, he shall demand of the party for whose benefit the execution was issued, his agent or attorney, (provided either of them resides in the county), the fees in said section specified.

SEC. 503. [Sale, where held.]-All sales of lands or tenements under execution shall be held at the court house, if there be one in the county in which such lands and tenements are situated, and if there be no court house, then at the door of the house in which the district court was last held. No sheriff or other officer making the sale of property, either personal or real, or any appraiser of such property shall, either directly or indirectly, purchase the same; and every purchase so made shall be considered fraudulent and void.

SEC. 504. [Other writs.]-If lands and tenements levied on as aforesaid are not sold upon one execution, other executions may be issued to sell the lands so levied upon.

SEC. 505. [Several writs, how served.]-In all cases when two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors in whose favor one or more of said executions is issued, shall require the sheriff, or other officer, to make a separate levy to satisfy his execution or executions, it shall be the duty of the sheriff, or other officer, to levy said executions, or so many thereof as may be required, on separate parcels of real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditor, whose execution may, by the provisions of this chapter,

SEC. 499. Successor of sheriff may make deed. 1 Neb. 322.

SEC. 500. The purchaser is vested with all rights of judgment debtor, but that right is subject to all liens prior to the lien of the judgment on which sale is made. 5 Neb. 45. Purchaser is protected to same extent as at private sale from claims of third persons previously acquired from debtor of which he had no notice. 5 Neb. 160. Purchaser takes land subject to unpaid taxes and assessments. 5 Neb. 239. 8 Neb. 336. An agent purchased land in his own name and conveyed same to his principal. Before deed was recorded judgment was recovered against agent, and execution issued. Before sale, however, deed was put on record. Held purchaser acquired no title to the land. 8 Neb. 435. And see 1 Neb. 295.

SEC. 503. Purchaser may be compelled to complete his purchase. 1 Neb. 322. If he refuse to comply with his bid, officer may bring action for purchase money or at once re-sell property, but he cannot wait until sale is closed and bidders have departed before again offering property for sale. 9 Neb. 256