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Fox v. Whitbeck

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Date: 
Tuesday, April 2, 2013

S-12-0821, Mary Fox (Appellee) v. Raymond Whitbeck and John McWilliams (Intervenor/Appellant) and Sherry McWill (Intervenor)

Douglas County, Judge J. Michael Coffey

Attorneys: Ralph E. Peppard (Appellee) --- Theodore R. Boecker, Jr. (Boecker Law PCLLO) (for Intervenor/Appellant)

Civil: Lien on property; sheriff’s sale of property

Proceedings below: This case was previous before the Supreme Court. See Fox v. Whitbeck, 280 Neb. 75 (2010) (affirmed in part and in part reversed and remanded for further proceedings). Upon remand, the district court confirmed the sheriff’s sale.

Issues:  1. The District Court erred failing to sustain McWilliams’ objection and resistance to confirmation of the sale. 2. The District Court erred in finding that the requirements of Neb. Rev. Stat.§ 25-1531 were satisfied. 3. The District Court erred in finding that the real property was sold for fair market value. 4. The District Court erred in failing to find that a subsequent sale of the property would have realized a greater amount, thereby justifying denial of approval of the first sale. 5. The District Court erred in failing to find that there were irregularities in the sale that should have served to preclude confirmation. 6. The District Court erred in failing to find that Mary Fox' claim against the real property, as it related to John McWilliams, was barred by the statute of limitations. 7. The District Court erred in failing to examine McWilliams' laches defense and determine that the doctrine of laches should have precluded Fox' claim against the property. 8. The District Court erred in failing to award McWilliams damages or costs reimbursement.

This page was last modified on Tuesday, April 2, 2013