Farmers & Merchants Bank v. Anthony
Nebraska Supreme Court
Appeal from the district court of York county. Heard below before Wheeler, J. The opinion contains a statement of the case. A purchaser who has actual notice of the claim of a third party in the property purchases subject to such right, although the instrument under which the third party claims is not of record. (Railsbaek v. Patton, 34 Neb., 490; Russell ii.
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Appeal from the district court of York county. Heard below before Wheeler, J. The opinion contains a statement of the case. A purchaser who has actual notice of the claim of a third party in the property purchases subject to such right, although the instrument under which the third party claims is not of record. (Railsbaek v. Patton, 34 Neb., 490; Russell ii. Longmoor) 29 Neb., 209; Patríele v. Paulson, 34 Neb., 416.) If one party has a lien on or interest in two funds for a debt, and another party has a lien on or interest in one only of the funds for another debt, the latter has a right in…
1Opinion of the Court
Ragan, C.
During the summer of 1890 the York National Bank, of the city of York, in York county, Nebraska, loaned $4,000 to Henry F. Anthony with which to buy flaxseed. The money was advanced at different times in sums of $1,000, Anthony giving the bank a note for each thousand when advanced and a chattel mortgage calling for a thousand bushels of flaxseed. The flaxseed, covered by four mortgages, was commingled in one bin. Some time prior to February 11, 1892, the notes of Anthony remaining unpaid, the bank discovered that the bin contained not 4,000 bushels of flaxseed, but about 2,000…
2Cases cited5 opinions
- Brothers v. Mundell, Munzesheimer & Co.Texas Supreme Court · 1883
- Railsback, Mitchell & Co. v. PattonNebraska Supreme Court · 1892
- Sweet v. RedheadIllinois Supreme Court · 1875
- Russell v. LongmoorNebraska Supreme Court · 1890
- Patrick v. PaulsonNebraska Supreme Court · 1892
3Cited by12 opinions
- Vila v. Grand Island Electric Light, Ice & Cold Storage Co.Nebraska Supreme Court · 1903
- In re Pekin Plow Co.Court of Appeals for the Eighth Circuit · 1901
- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
- First Nat. Bank of Lincoln v. Live Stock Nat. BankCourt of Appeals for the Eighth Circuit · 1929
- Hirschfeld v. NogleDistrict Court, E.D. Illinois · 1933
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