Hurley v. Estes
Nebraska Supreme Court
Error from the district court of Burt county. The facts appear in the opinion. “The authorities are uniform that a deed of trust, such as those of which we have been treating, places the legal title in the trustee.” 2 American Law Register,’ 755. Anderson v. Holloman, 1 Jones’ Law, 169. Thorn-hill v. Gilmer, 4 Smedes & Marshall, 153. Sargent v. Howe, 21 111., 148. Hannah v. Carrington, 18 Ark., 85. Ooolc v. Dillon, 9 Iowa, 407. Tailor v. King, 6 Munf., 358. Newman v.…
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Error from the district court of Burt county. The facts appear in the opinion. “The authorities are uniform that a deed of trust, such as those of which we have been treating, places the legal title in the trustee.” 2 American Law Register,’ 755. Anderson v. Holloman, 1 Jones’ Law, 169. Thorn-hill v. Gilmer, 4 Smedes & Marshall, 153. Sargent v. Howe, 21 111., 148. Hannah v. Carrington, 18 Ark., 85. Ooolc v. Dillon, 9 Iowa, 407. Tailor v. King, 6 Munf., 358. Newman v. Jaclcson, 12 Wheat., 570. Devin v. Hendershott, 32 Iowa, 192. This distinction between mortgages and technical deeds of trust,…
1Opinion of the CourtMaxwell, J.
On the twenty-third day of August, 1858, Benjamin Estes executed and delivered to the plaintiff his promissory note for the sum of $280.00, due in one year from that date, and to draw interest at the rate of five per cent per month from maturity. To secure the payment of said note, the defendant, Estes, executed and delivered to James D. Test a trust deed of the south-west quarter of the north-east quarter, and the south-east quarter of the north-west quarter, and the north-west quarter of the south-east quarter of section one in township twenty north, of range eleven east of the sixth…
2Cases cited3 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- Kyger v. RyleyNebraska Supreme Court · 1873
- Peters v. DunnellsNebraska Supreme Court · 1877
3Cited by9 opinions
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Hoagland v. LoweNebraska Supreme Court · 1894
- Best v. ZutavernNebraska Supreme Court · 1898
- Orr v. BroadNebraska Supreme Court · 1897
- Brainard v. HallNebraska Supreme Court · 1940
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