Chapman v. Brewer
Nebraska Supreme Court
Appeal from the district court of Cedar county. Heard below before Norris, J. A statement of the case appears in the opinion. Appellant’s mechanic’s lien is superior to the mortgage. (Doolittle v. Plena, 16 Neb., 153; Manley v. Downing, 15 Neb., 639; White Lake Lumber Co. v. Russell, 22 Neb., 129; Rogers v. Omaha Hotel Co., 4 Neb., 58; Great Western Mfg. Co. v. Hunter, 15 Neb., 37; Ballou v. Black, 17 Neb., 389.) Appellant’s corporate capacity was sufficiently shown.
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Appeal from the district court of Cedar county. Heard below before Norris, J. A statement of the case appears in the opinion. Appellant’s mechanic’s lien is superior to the mortgage. (Doolittle v. Plena, 16 Neb., 153; Manley v. Downing, 15 Neb., 639; White Lake Lumber Co. v. Russell, 22 Neb., 129; Rogers v. Omaha Hotel Co., 4 Neb., 58; Great Western Mfg. Co. v. Hunter, 15 Neb., 37; Ballou v. Black, 17 Neb., 389.) Appellant’s corporate capacity was sufficiently shown. (Conard v. Atlantic Lns. Co. of New York, 1 Pet. [U. S.]? 386; Durham v. Hudson, 4 Ind., 501.) The verification of the lien was…
1Opinion of the CourtHarrison, J.
This action was instituted in the district court of Cedar county by the plaintiff H. T. Chapman to foreclose a real estate mortgage, executed and delivered to him by Isaac and Lucinda Brewer, upon property described in the petition, situated in Cedar county. The other parties made defendants to the action, in addition to the Brewers, were the Cedar County Bank and the Des Moines Manufacturing & Supply Company. The defendant company answered and filed a cross-bill, in which it claimed a mechanic’s lien prior in point of time to either of the mortgages. The Cedar County Bank filed an answer or…
2Cases cited13 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
- Montandon & Co. v. DeasSupreme Court of Alabama · 1848
- Noll v. KenneallyNebraska Supreme Court · 1893
- Great Western Manufacturing Co. v. Hunter Bros.Nebraska Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Farmers' & Mechanics' National Bank v. TaylorTexas Supreme Court · 1897
- Brazier Forest Products, Inc. v. Northern Transport, Inc.Washington Supreme Court · 1986
- Wetzel & T. Ry. Co. v. Tennis Bros.Court of Appeals for the Fourth Circuit · 1906
- Caird Engineering Works v. Seven-Up Gold Mining Co., Inc.Montana Supreme Court · 1940
- Central Nebraska Public Power & Irrigation District v. WalstonNebraska Supreme Court · 1941
17 more not listed; retrieve them via the Exa API.