Page:Federal Reporter, 1st Series, Volume 2.djvu/280

 •WILLS V. CHANDLEB. 273 �WiiiiiS V. Chandler and another. �{Circuit Court, D. Nebraska. May 8, 1880.) �jDDrciAi, Sale— Obder op Confirmation. — An order of confirmation of a judicial sale may cure ail irregularities in the course of the prooeeding, but can add notliing to the authority of the offlcer to make it. �8ame — Dbhiai of Motion to Vacate ordeb op Confirmation — EsTOPPBiy. — A party is not estopped from bringing an action to set aside a judicial sale madewithout authority, by the fact that the court may have overruled the motion to set aside the order confirming such sale. �Bamb — Bame — PiiBSUMPTiON — CoiJRT OP Equitï. — Where a motion made in a State court of Nebraska, flveyears af ter a judicial sale, for a vacation of the order confirming the same, was denied, and no ground for deniai appeared in the record, Tidd, that it would be presumed to have been denied because made too late for the court to grant such relief, but that it was not too late for a court of equity to grant such relief as pai-ty was entitled to. �JtJDGMENT — Enforcbmbnt AND SATISFACTION. — lu the absence of stat- utory regulation no one but a party, or his attorney or agent, can sat- isfy a judgment, or direct its enforcement by execution. �8ame — Shbrifp — Hab no Control ovbr Judoment. — El sheriflE has no interest in or control over a judgment, which may include his fees, that will authorize him to enforce it. If same is settled or discharged he must look to the plaintifl or his attorney for his fees. �Same — Clerk— Issuino Execution A clerk has no authority, in the �absence of statutory regulation, to issue execution without the direction of the plaintif! or his attorney. �Same — Satisfaction of — Attorney cannot Cancbl. — An attorney who has given a release and satisfaction of a judgment cannot, witliout the jionsent of the other, cancel the same, and authorize an execution to issue, �ExBODTioN Saie — Shbhiff'b Power. — In making an execution sale a sheriH acts by virtue of a power, and if no power existsnothing passes. �Kennedy dt Gilbert, for plaintiff. �G. W. Ambrose and J. M. Woolivorth, for defendants. �McCbaet, g. J. This is a bill in equity to quiet plaintiff's title to certain lands in the city of Omaha. It is admitted that the plaintiff's title is perfeot, unless it has been divested by a sale under execution issued upona judgment for $251.31 and costs, in favor of Bancrof t and others and against one Nuekolls, rendered by the district court of Douglas county, �v.2,no.3— 18 ����