Legal Opinion

Philadelphia Mortgage & Trust Co. v. City of Omaha

Nebraska Supreme Court

Decided June 4, 1902No. 10,735PublishedCited by 9 opinions

Appeal from the district court for Douglas county. Heard below before Fawcett, J. Rehearing of case reported in 63 Nebr., 280.

1Opinion of the Court

Pound, C.

This is a rehearing. The facts are stated in the former opinion (Philadelphia Mortgage & Trust Co. v. City of Omaha, 63 Nebr., 280), but may be restated briefly as follows : One Bolin, city treasurer of the defendant municipality, obtained a loan of plaintiff secured by mortgage upon real property. At that time the taxes upon the property for certain years and certain instalments of special assessments thereon were marked “Paid” on the tax records of the city, as required by law when such taxes or assessments are collected. The plaintiff after-wards became owner of the property…

2Cases cited4 opinions

  1. Robinson v. . RyanNew York Court of Appeals · 1862
  2. Shaw v. HeiseySupreme Court of Iowa · 1878
  3. Foster v. JohnsonSupreme Court of Minnesota · 1890
  4. Bell v. StateWisconsin Supreme Court · 1866

3Cited by9 opinions

  1. City of San Angelo v. DeutschTexas Supreme Court · 1936
  2. Gamboni v. County of OtoeNebraska Supreme Court · 1954
  3. Lovett v. City of DetroitMichigan Supreme Court · 1938
  4. Power v. JonesNebraska Supreme Court · 1934
  5. Xerox Corp. v. KarnesNebraska Supreme Court · 1986

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