Legal Opinion

Thompson v. West

Nebraska Supreme Court

Decided March 7, 1900No. 9,136PublishedCited by 22 opinions

Appeal from the district court of Lancaster county. Tried below before Holmes, J. cited Compiled Statutes of Nebraska, 1897, sec. 1717, and argued that this provision of the statute expressly gave the church authority to acquire, hold, enjoy and dispose of all property, real and personal, which the defendant church may acquire by purchase, donation or otherwise, for the purpose of carrying out the intention of • such church corporation.

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Appeal from the district court of Lancaster county. Tried below before Holmes, J. cited Compiled Statutes of Nebraska, 1897, sec. 1717, and argued that this provision of the statute expressly gave the church authority to acquire, hold, enjoy and dispose of all property, real and personal, which the defendant church may acquire by purchase, donation or otherwise, for the purpose of carrying out the intention of • such church corporation. It was not contended by the defendant church that the money it received from the plaintiffs was used for any other purpose than to carry on the work of the…

1Opinion of the CourtNorval, C. J.

This was a suit to foreclose a real estate mortgage executed and delivered by one George W. West to Ward S. Mills to secure the payment of one principal note and coupon notes thereto attached. The principal note was transferred by the payee, Mills, to the First Christian Church of Lincoln, and by two of its trustees sold and indorsed to James Thoihpson, now deceased. A decree of foreclosure was entered, the mortgaged premises were sold and the sale confirmed, and a deficiency existing after the proceeds of sale were applied on the debt, a judgement therefor was asked against said church as an…

2Cases cited2 opinions

  1. People v. CoghillCalifornia Supreme Court · 1874
  2. Ealer v. McAllister & Co.Supreme Court of Louisiana · 1859

3Cited by22 opinions

  1. Webster v. Texas & Pacific Motor Transport Co.Texas Supreme Court · 1942
  2. T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
  3. Central National Bank v. EricsonNebraska Supreme Court · 1912
  4. State Ex Rel. Hjelle v. BakkeNorth Dakota Supreme Court · 1962
  5. State Ex Rel. City of Grand Island v. Union Pacific RailroadNebraska Supreme Court · 1950

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