Frey v. Drahos
Nebraska Supreme Court
Error to the district court for Cyming county. Tried below before Griffey, J. The facts were as follows: ^On the twentieth of November, 1874, the Grange .Company, of Cuming County, was the owner of a certain frame grain elevator warehouse, situated on ground leased by them of the Sioux City and Pacific R. R. in West Point.
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Error to the district court for Cyming county. Tried below before Griffey, J. The facts were as follows: ^On the twentieth of November, 1874, the Grange .Company, of Cuming County, was the owner of a certain frame grain elevator warehouse, situated on ground leased by them of the Sioux City and Pacific R. R. in West Point. On that date the Grange Company executed a chattel mortgage on said building to the Milburn Wagon Company, describing the property as one frame grain elevator warehouse; and, after said description, in the granting clause thereof, grants “ all the appurtenances thereto…
1Opinion of the Court
Lake, Ch. J.
The vital question presented in this record is whether the property in dispute was included in ■ the mortgage given by the Grange Company to the-Milburn Wagon Company.
The description in the mortgage of the property conveyed is, “ One frame grain elevator warehouse situated on the ground of the Sioux City and Pacific R. R. Company east of their side track, nearly opposite the pas*9senger depot of said R. R. company, in the city of West Point, Cuming county, Nebraska, with all the appurtenances thereto belonging.”
If the property in controversy was covered by this description then the…
2Cases cited1 opinion
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
3Cited by7 opinions
- Badura v. LyonsNebraska Supreme Court · 1946
- Sylvester v. Carpenter Paper Co.Nebraska Supreme Court · 1898
- Dixson v. LaddSouth Dakota Supreme Court · 1913
- Johnson & Carlton v. NasworthyCourt of Appeals of Texas · 1890
- Barrett v. BellSupreme Court of Missouri · 1884
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