Case v. Fant
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. Statement by CALDWELL, Circuit Judge: On the 18th day of October, 1890, John R. Case, the appellant, filed his bill in the district court of Buffalo county, Neb., against Dillard R. Fant, William A. Fash, Melvina C. Fash, Ethan H. Cowles, Bessie Cowles, Stanley Thompson, and the Buffalo County National Bank, to foreclose a mortgage on certain real estate.
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Appeal from the Circuit Court of the United States for the District of Nebraska. Statement by CALDWELL, Circuit Judge: On the 18th day of October, 1890, John R. Case, the appellant, filed his bill in the district court of Buffalo county, Neb., against Dillard R. Fant, William A. Fash, Melvina C. Fash, Ethan H. Cowles, Bessie Cowles, Stanley Thompson, and the Buffalo County National Bank, to foreclose a mortgage on certain real estate. The mortgage was made on the 11th of September, 1884, by the defendants Fash and wife to the defendant Ethan H. Cowles, to secure the payment of k promissory…
1Opinion of the Court
CALDWELL, Circuit Judge,
(after stating the facts.) 1. The conveyance by Fash to Cowles of the mortgaged premises did not operate as a merger or extinguishment of the mortgage for several reasons. The general rule is that a mortgage will not be merged or extinguished by a subsequent conveyance from too mortgagor to the mortgagee of the mortgaged premises unless such appears to have been the intention of the parties, and justice require,; it. 1 Jones, Mortg. § 870; James v. Morey, 2 Cow. 246, 285; White v. Hampton, 13 Iowa, 259; Purdy v. Huntington, 42 N. Y. 334; Miller v. Finn, 1 Neb. 254. In…
2Cases cited11 opinions
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Purdy v. . HuntingtonNew York Court of Appeals · 1870
- Miller v. FinnNebraska Supreme Court · 1871
- Worcester National Bank v. CheeneyIllinois Supreme Court · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- National Bank of Commerce of Kansas City, Mo. v. RockefellerCourt of Appeals for the Eighth Circuit · 1909
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- The BergenCourt of Appeals for the Ninth Circuit · 1933
- Barnes v. CadyCourt of Appeals for the Sixth Circuit · 1916
- McDaniel v. StroudCourt of Appeals for the Fourth Circuit · 1901
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