Bull v. Mitchell
Nebraska Supreme Court
Appeal from the district court of Colfax county. Heard below before Marshall, J. The facts are stated by the commissioner.
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Appeal from the district court of Colfax county. Heard below before Marshall, J. The facts are stated by the commissioner. The final payment was, in contemplation of law, made to the plaintiff. {Columbia Mill Go. v. National Bank of Commerce, 53 N. W. Rep. [Minn.], 1062; Herman, Estoppel, secs. 1079, 1080; Swartz v. Leist, 13 O. St., 424; Smith v. Kidd, 68 N. Y., 130; Brewster v. Carnes, 9 N. E. Rep. [N. Y.], 323.) Payment to the mortgagee should be held to constitute a discharge and release of the mortgage. {,Johnson v. Carpenter, 7 Minn., 176; Hortsman v. Gerker, 49 Pa. St., 282; Olds v.…
1Opinion of the Court
Ryan, C.
There was a decree in favor of George A. Bull in the district court of Colfax county whereby was foreclosed a mortgage securing payment of a promissory note for the sum of $1,000. Both the note and the mortgage bore date December 31, 1885; the maturity of the note was January 1, 1891. The makers were Anna Schnldt and John Schnldt, and the note, negotiable by its terms, was payable to the order of C. H. Toncray, and Toncray was likewise the mortgagee. Before this *650loan matured the mortgaged premises were conveyed to Rudolph Mitchell, who, with his- wife, was therefore made a defendant.…
2Cases cited6 opinions
- City National Bank v. ThomasNebraska Supreme Court · 1896
- Stark v. OlsenNebraska Supreme Court · 1895
- Scroggin v. JohnstonNebraska Supreme Court · 1895
- South Branch Lumber Co. v. LittlejohnNebraska Supreme Court · 1891
- First National Bank v. ChilsonNebraska Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
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- Richards v. WallerNebraska Supreme Court · 1896
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- Corey v. HunterNorth Dakota Supreme Court · 1900
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