Hardin v. Emmons
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Humboldt county; A. E. Cheney, District Judge: Action by James A. Hardin and James H. Rogers against Ed. M. Emmons, L. Elkus, and others. From a judgment for plaintiff, L. Elkus appeals. The facts sufficiently appear in the opinion. I. The original note and mortgage are neither merged nor extinguished by the new note and mortgage, but remain in force.
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Appeal from the District Court of the State of Nevada, Humboldt county; A. E. Cheney, District Judge: Action by James A. Hardin and James H. Rogers against Ed. M. Emmons, L. Elkus, and others. From a judgment for plaintiff, L. Elkus appeals. The facts sufficiently appear in the opinion. I. The original note and mortgage are neither merged nor extinguished by the new note and mortgage, but remain in force. The original note and mortgage have not been paid, nor have they been surrendered, or relinquished, or canceled, or satisfied. On the contrary, the mortgage of February 27, 1893, in terms,…
1Opinion of the Court
By the Court,
Bonnifield, J.:
This appeal is taken by defendant Elkus from a judgment and decree of foreclosure of mortgage given in favor of the plaintiffs in their action brought on a promissory note and mortgage executed to them by defendants Ed. M. and Libbie H. Emmons. The defendants, other than the two Emmons, were made parties defendant, as having or claiming to have some interest in the mortgaged premises, etc.
The record discloses the following facts, stated in substance and in brief, on which appellant seeks a reversal of the judgment, to-wit: “That on the 9th day of March, 1886, at…
2Cases cited3 opinions
- Lonkey v. WellsNevada Supreme Court · 1881
- Gardner v. GardnerNevada Supreme Court · 1896
- Hammersmith v. AveryNevada Supreme Court · 1884
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