Ellsworth v. McDowell
Nebraska Supreme Court
Error from the district court of Jefferson county. Tried below before Broady, J. The facts are set out in the opinion. A mortgagee, or vendor under contract for deed, prior to foreclosure of the equity of redemption, has no right of possession sufficient to maintain replevin for chattels severed from the realty by one rightfully in possession, A dwelling house, severed from the realty by one rightfully in possession, and affixed to other realty by being placed on stone…
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Error from the district court of Jefferson county. Tried below before Broady, J. The facts are set out in the opinion. A mortgagee, or vendor under contract for deed, prior to foreclosure of the equity of redemption, has no right of possession sufficient to maintain replevin for chattels severed from the realty by one rightfully in possession, A dwelling house, severed from the realty by one rightfully in possession, and affixed to other realty by being placed on stone pillars, and occupied as a residence, is real-estate, and not subject to replevin. (Cobbey, Replevin, 12, 136, 354, 364;…
1Opinion of the Court
Ragan, C.
Lewis C. Champlin brought action in replevin in the district court of Jefferson county against Elizabeth Ells-worth. Pending the action Champlin died and the suit was revived in the name 'of Elmer E. McDowell, his administrator, who had a verdict and judgment, and Ells-worth brings the case here for review.
On the 4th day of April, 1887, Champlin owned certain real estate in the city of Fairbury, in said county, and on that' date entered into a written contract with one J. H. Tschannen, in and by which he sold and agreed to convey said real estate to Tschannen when Tschannen should…
2Cases cited10 opinions
- Stockwell v. . PhelpsNew York Court of Appeals · 1866
- Northrup v. TraskWisconsin Supreme Court · 1876
- Johnson v. . ElwoodNew York Court of Appeals · 1873
- Kavanaugh v. BrodballNebraska Supreme Court · 1894
- Waters v. ReuberNebraska Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hill v. SidieWisconsin Supreme Court · 1903