Legal Opinion

Same v. Same

Nebraska Supreme Court

Decided July 15, 1883PublishedCited by 10 opinions

Appeal from Johnson county. Tried below before "Weaver, J. The judgment is not a bar. Hull v. Blalce, 13 Mass., 155. Weller v. Moore, 49 Mo., 229. Wharton’s Ev., § 781. 3 Blackstone, 296. Freeman on Judgments, § 261. Home v. Brown, 16 How., 365. Pillow v. Elliott, 25 Texas, 323. cited: Hendrix v. Pieman, 6 Neb., 523. Covington v. Sargent, 27 Ohio, State, 233. Bay v. Valitte, 25 Ind., 43. Sims v. Zone, 24 Penn. State, 243.

1Opinion of the CourtMaxwell, J.

This is an action to foreclose a mortgage executed in the year 1875 by Cooper and wife upon certain real estate in Johnson county. It is alleged that Joy and wife claim an interest in the premises. The defendants admit the execution of the mortgage, but plead as defenses thereto: Firsts Usury. Second, Deny that William G. Davis was ever the lawful owner of said mortgage and accompanying notes, but allege that said Davis was and is an imaginary person. Third, That in 1878 said Davis commenced an action on said notes and mortgage in the United States circuit court for the district of Nebraska…

2Cases cited6 opinions

  1. Carpenter v. LonganSupreme Court of the United States · 1873
  2. Homer v. BrownSupreme Court of the United States · 1854
  3. Webb v. HoseltonNebraska Supreme Court · 1876
  4. Hale v. ChristyNebraska Supreme Court · 1879
  5. Hendrix v. RiemanNebraska Supreme Court · 1877

1 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Richardson v. WarnerUnited States Circuit Court · 1886
  2. Bank of Maywood v. Estate of McAllisterNebraska Supreme Court · 1898
  3. Home Fire Insurance v. DeetsNebraska Supreme Court · 1898
  4. Philpott v. Brown & Ryan Bros.Nebraska Supreme Court · 1884
  5. Agnew v. Omaha National BankNebraska Supreme Court · 1903

5 more not listed; retrieve them via the Exa API.

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