Brittain v. Work
Nebraska Supreme Court
Action to foreclose a mortgage on real estate in Jefferson county, given by David C. Work and Mary J. Work as mortgagors. The instrument was acknowledged by David C. on the eighth day of November, 1880, and by Mary J. on the tenth day of December following. It was filed for record Nov. 12, at 10 o’clock a.m.
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Action to foreclose a mortgage on real estate in Jefferson county, given by David C. Work and Mary J. Work as mortgagors. The instrument was acknowledged by David C. on the eighth day of November, 1880, and by Mary J. on the tenth day of December following. It was filed for record Nov. 12, at 10 o’clock a.m. W. P. Freeman intervened, and set up title to same property by virtue of a deed of assignment executed by David C. Work, Nov. 12, 1880, and filed for record at 12 o’clock m. of that day. On a trial before We ayer, J., finding and decree were in favor of tbe assignee, and plaintiffs…
1Opinion of the Court
Lake, Ch. J.
The result of this case depends upon the answer to be given to a single question, which is: Was there an absolute delivery of the mortgage in controversy on the eighth day of November, 1880, the time of its execution by David C. Work?
In view of the fact that, in holding the deed of assignment executed by Work on the twelfth of the same month, and recorded subsequently to it, to be “senior and superior to the mortgage,” as a lien upon the property, the learned judge before whom the case was tried in the district court must have answered this question in the' negative, we have…
2Cited by12 opinions
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