Hayden v. Huff
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Holmes, J. It is well settled that the doctrine applicable to voluntary payments has no application where the payment is made to redeem one’s land from a mortgage or incumbrance. Rardin v. Walpole, 38 Ind., 148; Neioell v. Hurlburt, 2 Yt., 351; Platt v. Squire, 5 Cush. [Mass.], 551; Snowden v. Dunlavey, 11 Pa., St., 522.
1Opinion of the CourtNorval, C. J.
On April 4, 1892, Kent K. Hayden, plaintiff and appellant, purchased of Edward T. Huff, one of the defendants, lots 3 and 4, block 28, in South Lincoln, for the sum of $2,200, subject to a mortgage thereon of $1,000, executed by said Huff and wife to the Union Savings Bank, which was a subsisting lien upon said real estate. The title to the lots at the time of the purchase stood in the name of C. U. Crandall, to whom Huff had conveyed the property on October 26, 1891. Crandall and wife, at the request of Huff, executed a deed to the plaintiff. Huff represented to him before the sale that the…
2Cases cited1 opinion
- Conner v. WelchWisconsin Supreme Court · 1881
3Cited by6 opinions
- Martin v. HickenlooperUtah Supreme Court · 1936
- Burgoon v. LavezzoCourt of Appeals for the D.C. Circuit · 1937
- Kahn v. McConnellSupreme Court of Oklahoma · 1913
- Criswell v. McKnightNebraska Supreme Court · 1930
- Stastny v. PeaseSupreme Court of Iowa · 1904
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