MUINCH v. HULL

No. 36497.

149 N.W.2d 527 (1967)

181 Neb. 571

D. E. MUINCH, Appellee, v. W. Gordon HULL and Vera Marjorie Hull, Husband and Wife, Appellees, Lester L. Jensen, Sheriff of Sheridan County, Nebraska, Appellant.

Supreme Court of Nebraska.

March 31, 1967.


Attorney(s) appearing for the Case

E. A. Anderson, County Atty., Michael V. Smith, Deputy County Atty., Gordon, for appellant.

Edmund Hollstein, Rushville, for Muinch.

L. E. Mitchell, Rushville, for Hull.

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


SMITH, Justice.

A statute providing for poundage on judicial sales by sheriffs is ambiguous concerning redemption. In this foreclosure suit the sheriff held a sale of land, but the mortgagors subsequently redeemed the property. On motion to retax costs the district court disallowed the claim to the commission, and the sheriff has appealed.

The statute reads in part: "The * * * (sheriff) shall charge and collect...

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