Upton v. Betts
Nebraska Supreme Court
Error from the district court of Saline county. Tried below before Hastings, J. A mortgage recorded prior to an entry of judgment which was a lien upon the property took precedence of the judgment lien. See 1 Jones, Mortgages, sec. 461; Jaolcson v. Dubois, 4 Johns. [N. Y.], 216; Dunwell v. Bidtoell, 8 Minn., 18; Goodenough v. McCoid, 44 la., 659; Lambert-ville Nat. Bankv. Boss, 13 Atl.
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Error from the district court of Saline county. Tried below before Hastings, J. A mortgage recorded prior to an entry of judgment which was a lien upon the property took precedence of the judgment lien. See 1 Jones, Mortgages, sec. 461; Jaolcson v. Dubois, 4 Johns. [N. Y.], 216; Dunwell v. Bidtoell, 8 Minn., 18; Goodenough v. McCoid, 44 la., 659; Lambert-ville Nat. Bankv. Boss, 13 Atl. Rep. [N. J.], 18. * As between a mortgage and a judgment rendered in a county different from that in. which the land was, priority was determined by priority of registration in the county where the land is…
1Opinion of the CourtSullivan, J.
This action was brought by Hiram D. Upton to foreclose a mortgage on real estate in Saline county. Ernest C. Holland answered, setting up a junior mortgage on the premises described in the petition. E. L. Sims, who is the fee owner of the property, filed an answer claiming title through a sale under a decree foreclosing an equitable lien in favor of himself and. antedating the mortgage of both Upton and Holland. To this answer the mortgagees replied. The reply of Holland was a general denial, while that of Upton was a general denial, coupled with the statement that he had taken his mortgage…
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