Orr v. Ulyatt
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Suit by Thomas Orr against George C. Ulyatt and others to foreclose a mortgage. From a judgment exempting a homestead from the operation of a mortgage lien, and from the order denying a new trial plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Washoe county; A. E. Cheney, District Judge: Suit by Thomas Orr against George C. Ulyatt and others to foreclose a mortgage. From a judgment exempting a homestead from the operation of a mortgage lien, and from the order denying a new trial plaintiff appeals. The facts sufficiently appear in the opinion. I. It is defendant’s contention that the mortgage of April 10, 1891, was void under section 2296 of the Revised Statutes of the United States concerning homesteads, which provides as follows: “No lands acquired under the provision of this…
1Opinion of the Court
By the Court,
Belknap, J.:
This is a suit of foreclosure.
The mortgaged property consists in part of a homestead entered March 26, 1885, under the law of congress.
The mortgage was made April 10, 1891, and before final proof. Patent was issued January 30, 1892. Defenses were interposed by answer, but the court in its written findings found in favor of appellant upon all issues, and ordered judgment in his favor except as to so much of the mortgaged premises as are embraced by the homestead claim. The property was originally mortgaged by respondent in the year 1883, and the present debt is a…
2Cases cited10 opinions
- Red River & Lake of the Woods Railroad v. StureSupreme Court of Minnesota · 1884
- Fuller & Co. v. HuntSupreme Court of Iowa · 1878
- Orr v. StewartCalifornia Supreme Court · 1885
- Spiess v. NeubergWisconsin Supreme Court · 1888
- Nycum v. McAllisterSupreme Court of Iowa · 1871
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