Null v. Jones
Nebraska Supreme Court
Error to the district court for Gage county. Tried below before Weaver, J. The case is stated in the opinion. The position that the holder of a note secured by mortgage upon real estate must prove his claim before the administrator, is untenable.
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Error to the district court for Gage county. Tried below before Weaver, J. The case is stated in the opinion. The position that the holder of a note secured by mortgage upon real estate must prove his claim before the administrator, is untenable. Sec. 2, Washburne on Real Property 232. Slaughter v. Foust, 4 Blackford, 379. Shirlcey v. Hanna, 3 Blackford, 403. Harvey v. Thornton, 14 111., 217. But our statute and the decisions of this court expressly authorize the foreclosure of the mortgage. See. 227 Gen. Statutes, 320. Watson v. McCartney, 1 Neb., 133, Sec. 855. Gen. Statutes, 655. In this…
1Opinion of the Court
Lake, Oh. J.
This is a petition in error from Gage county, and the main question presented by the record is whether the amended petition states a good cause of action.
The action was brought against the administrator and heirs of Samuel Jones to foreclose a mortgage given by him on the 4th day of July, 1871, to secure the payment of a promissory note of that date for the sum of $4,200.00, on the 4th day of July, 1874, with interest thereon at the rate of twelve per cent, per annum, payable annually. The mortgage contained a clause to the effect that in case of any default in the payment of any…
2Cases cited1 opinion
- Harp v. CalahanCalifornia Supreme Court · 1873
3Cited by7 opinions
- Crawford State Bank v. McEwenNebraska Supreme Court · 1937
- Schade v. ConnorNebraska Supreme Court · 1909
- Jones v. NullNebraska Supreme Court · 1879
- Robert v. HefnerNebraska Supreme Court · 1908
- Sanborn & Follett v. HaleNebraska Supreme Court · 1882
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