Norton v. Nebraska Loan & Trust Co.
Nebraska Supreme Court
Error to the district court for Butler county. Tried below before Post, J. contending that the bidder at foreclosure sale, having acted under mistake, and on misrepresentation of the sheriff as to title, should be relieved from the performance of his bid, cited: Paulett v. Peabody, 3 Neb., 196; Brasher v. Ingham, 4 Id., 531; Laight v. Pell, 1 Edw.
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Error to the district court for Butler county. Tried below before Post, J. contending that the bidder at foreclosure sale, having acted under mistake, and on misrepresentation of the sheriff as to title, should be relieved from the performance of his bid, cited: Paulett v. Peabody, 3 Neb., 196; Brasher v. Ingham, 4 Id., 531; Laight v. Pell, 1 Edw. Ch. [N. Y.], 577; Yates v. Little, 6 McLean [U. S. C. C.], 511. Court of equity will not interfere where party seeking relief is guilty of negligence. (2 Pomeroy, Eq. Jur., 839; Young v. Morgan, 13-Neb., 48.) Neglect of purchaser to examine records…
1Opinion of the CourtNorval, J.
The Nebraska Loan & Trust Co. brought suit in the district court of Butler county against Byron E. Taylor and Lila A. Taylor, his wife, to foreclose a mortgage upon the south half of section 12, in township 15 north, of range 1 east, executed by the Taylors, which mortgage was junior and subject to a prior mortgage of $3,000, on said real estate, owned and held by one Washington Quinlin. The court found there was due the Loan & Trust Company on its mortgage the sum of $1,056.60; that said Quinlin had the first lien on said premises for $3,000 with interest thereon at six per cent from July 1,…
2Cases cited10 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Bishop v. O'ConnerIllinois Supreme Court · 1873
- Lewark v. CarterIndiana Supreme Court · 1889
- Miller v. FinnNebraska Supreme Court · 1871
- White v. SeaverNew York Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Moser v. Thorp Sales Corp.Supreme Court of Iowa · 1977
- Butler v. FitzgeraldNebraska Supreme Court · 1895
- Peterborough Savings Bank v. PierceNebraska Supreme Court · 1898
- Hooper v. CastetterNebraska Supreme Court · 1895
- Penn Mutual Life Insurance v. Creighton Theatre Building Co.Nebraska Supreme Court · 1897
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