Rogers v. Pierce
Nebraska Supreme Court
Error to the district court for Adams county. Tried below before Gaslin, J. The opinion states the case. Mortgage was void. Place of sale should have been Kearney county. Gen. Stat., 482. Powers had a right to purchase the horse before mortgage was placed on file.
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Error to the district court for Adams county. Tried below before Gaslin, J. The opinion states the case. Mortgage was void. Place of sale should have been Kearney county. Gen. Stat., 482. Powers had a right to purchase the horse before mortgage was placed on file. Travis v. Bishop, 18 Met., 304. Fuller v, Paige, 26 111., 358. Mayham v. Coombs, 14 Ohio, 428. Herman on Chattel Mortgages, 307, Pierce Brothers must bear the loss, Smith v. Worman, 19 Ohio State, 145. Owner, or one entitled to immediate possession, may pursue and recover his property in the hands of an innocent purchaser. Railroad…
1Opinion of the Court
Maxwell, Ch. J.
On the 6th day of September, 1879, one Heath, a resident of Kearney county, purchased a horse from the defendants at Hastings, in Adams county, for the sum of one hundred dollars, and executed a mortgage on the same to secure the payment of eighty dollars with ten per cent, interest, on the 1st day of September, 1879. On or about the 19 th day of September, Heath sold the horse in question to one Powers, who, on or about the 6th day •of October of that year sold said horse to the plaintiff for about the sum of eighty dollars. There is no testimony tending to show that Powers…
2Cases cited5 opinions
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Fort v. BurchNew York Supreme Court · 1849
- Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
- Miles v. BlantonCourt of Appeals of Kentucky · 1835
3Cited by4 opinions
- Branz v. HutchinsonNebraska Supreme Court · 1935
- McIninch v. EvansNebraska Supreme Court · 1911
- Rothchild & Co. v. Van AlstineNebraska Supreme Court · 1911
- Walter A. Wood Mowing & Reaping Machine Co. v. LeeSouth Dakota Supreme Court · 1896