Campbell v. Nesbitt
Nebraska Supreme Court
Appeal from a decree rendered by Pound, J., foreclosing a mortgage, given by Nesbitt to Bennett, and by Mm assigned to plaintiff, upon certain lands in Nemaha county. cited Nesbitt v. Campbell, 5 Neb., 429. Board v. Seoville, 18 Kan., 32. Ma/rcha/nd v. Bell, 21 La. Ann., 33. McBermot v. Bonegan> 44 Mo., 85. Estoppels in pais are not favored.
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Appeal from a decree rendered by Pound, J., foreclosing a mortgage, given by Nesbitt to Bennett, and by Mm assigned to plaintiff, upon certain lands in Nemaha county. cited Nesbitt v. Campbell, 5 Neb., 429. Board v. Seoville, 18 Kan., 32. Ma/rcha/nd v. Bell, 21 La. Ann., 33. McBermot v. Bonegan> 44 Mo., 85. Estoppels in pais are not favored. They operate to deprive a man of his property without consideration or consent, and do not obtain except when the conduct is fraudulent, or grossly negligent, showing such utter disregard of the rights of others as in law amounts to fraud. Bigelow on…
1Opinion of the Court
Gantt, Ch. J.
This is a foreclosure case,fand is brought into this court upon appeal. The note and mortgage in the case were executed by defendant William Nesbitt to one Samuel Bennett. The note became due on the tenth day of March, 1872. In 1872 and 1873 the defendant Felicia A. Holmes recovered judgments against Samuel Bennett and J. F. Bennett, and on the third of July, 1874, by proper process, she attached the debt due Samuel on the above note and mortgage, and summoned defendant Nesbitt as garnishee. On the third of August, 1874, defendant Nesbitt filed his answer to the garnishment, and…
2Cases cited1 opinion
- Board of Education v. ScovilleSupreme Court of Kansas · 1874
3Cited by8 opinions
- Bostwick v. BryantIndiana Supreme Court · 1888
- Cross v. Brown, Steese & ClarkeSupreme Court of Rhode Island · 1895
- Jacoby v. DvorakNebraska Supreme Court · 1924
- Burke v. Utah National BankNebraska Supreme Court · 1896
- Crane v. Standard Lumber & Mfg. Co.West Virginia Supreme Court · 1916
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