Jordan v. Hamilton County Bank
Nebraska Supreme Court
Error to the district court for Hamilton county. Tried below before Post, J., Action of replevin by Hamilton County Bank against George "W. Jordan to recover property on which it claimed title by virtue of a chattel mortgage from Rule and others. Defense: title by prior mortgage on same property. Judgment below for plaintiff, to reverse -which Jordan, the defendant, brought the cause here. Jordan having prior lien, the only right of the Bank was to redeem.
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Error to the district court for Hamilton county. Tried below before Post, J., Action of replevin by Hamilton County Bank against George "W. Jordan to recover property on which it claimed title by virtue of a chattel mortgage from Rule and others. Defense: title by prior mortgage on same property. Judgment below for plaintiff, to reverse -which Jordan, the defendant, brought the cause here. Jordan having prior lien, the only right of the Bank was to redeem. Miller v. Finn, 1 Neb., 301. Renard v. Brown, 7 Id., 454. Bank should have notified senior incumbrancer not to release, should have…
1Opinion of the CourtLake, J.
Three questions are brought to our notice and discussed by counsel for plaintiff in error in their brief, and on which they contend the court below erred in its ruling. The first of these questions is whether the mere failure of the county clerk to properly index the chattel mortgage under which the plaintiff in error claimed the property, rendered it ineffectual as to a subsequent mortgagee, which the defendant in error was, in good faith, and without actual notice of its existence. ¥e answer this question in the negative, for the following reasons:
Sec. 73 of ch. 43 of the Rev. Statutes,…
2Cases cited5 opinions
- Guion v. KnappNew York Court of Chancery · 1836
- Metz v. State BankNebraska Supreme Court · 1878
- Renard v. BrownNebraska Supreme Court · 1878
- Bell v. PrewittIllinois Supreme Court · 1872
- High v. BrownSupreme Court of Iowa · 1877
3Cited by8 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Leffek v. LuedemanMontana Supreme Court · 1933
- McConnell v. LangdonIdaho Supreme Court · 1891
- Merchants State Bank v. TuftsNorth Dakota Supreme Court · 1905
- Rawlins v. T. P. Kennard & SonNebraska Supreme Court · 1889
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