` 46 snnE1r;•.c1·.i‘aE1¤oRrER. “
court foundTthe return "sudicient, the plaintiff would then,if allowed,
oiferevidence" to contradict it, as suggested. As I have said, my opinion
is that the return cannot be contradicted, except in a suit in equity,
brought for the purpose of setting aside the judgment thereon.
» There must be a Ending of fact and law for the plaintiff. t .
Yonne v. DE Pura0N.` SAME v. Laremron pet al. SAME v. Lmcomc
1 ` 7`Dmvme P412K Ass’N.
. U p (0r7rc·uit Oourt, D. Nebraska. December 17, 1888.)
1. EXECUTION—SALE—RIGHTS on Puacmxsaa. ·
~ · In Nebraska. the titlerof a purchaser at egrecution sale is not complete until
· coniirmationof the sale by the court, and where the conilrmation, after being
entered, is at the same term set aside, before a transfer of the property by the
purchaser, his vendees acquire no title.
8. Pnmcuun Arm AGENT-··POWEB» ov ATTORNEY—EXECUTION—TRIAL—JUDG·
V unur on Fmnmes. _ _ -
,In entering, judgment upon special llndings of a jury, where it appears that
anattorney in fact four (years after his appointment had fraudulently con-
veyed his principal's lan . worth $70,000, for $1,000, it will be assumed. un—
der a finding, that the power, of attorney wa  executed to enable the appointee
"to make conveyances to purchasers when sales were made by" persons
named, who had contracted to plat and sell the land, “and to facilitate their
», operations under their contract," that thefacts stated in the Ending appeared
upon the face of the power of attorney, and, the sale not having been made
by the persons named. no title passed to the fraudulent grantee which could
‘ be recognized even at law. , ‘
8•`TAXATIOD`—TAX Trr1.E—DEEn-—SEAr.. ·
» In Nebraska, tar: deeds not sealed by the county treasurer with his official
  seal are void. and no title is acquired thereunder where the jury have found
that the possession during the statutory period was not“open, notorious, ex-
clusive, and adverse, " but “mixed. " ·
· At Law. A Motion for judgment upon special findings of fact. ·
., R. S. Halland J. R Webster, for plaintiffs. `
Lamb, »ReIckeds &: Wilson and Harwood, Ames dc Kelly. for defendants. »
i BREWER, J .- Complainant’s chain of title is brief, direct, and clear,
as follows: ’ A patent from the United States, December 16, 1862. to
Jane Y t Irwin; a deed, August 9,1867, from her to William P. Young;
areconveyance, February 5,1874, irom Young to Irwin; ·a deed, June
11, 1884, to complainant. Asagainst this chainof title defendants pre-
sent three claims: v First, a judicial sale. On May.1‘9, 1877,.a judg·
ment was rendered in the district court of Lancaster countyagainsttlane
Y. Irwin. Execution was? issued, and sale made October 2, 1877, t00E.
J: *Curs0n. w.Oebober»10th an order of confirmation was entered,r·which,
at the sameterm, and on November 3d, was set aside. Curson took this
order setting aside the confirmation to the supreme court for review , but
itwas aHi1·med.¤ Seseiorns vi *1rw·in, 8 Neb. 5. .. After the order of confir·