Colt v. DuBois
Nebraska Supreme Court
Error to the district court for Lancaster county. Tried below before Pound, J. At common law, a judgment created no lien in tbe real estate of defendant. Shrew v. Jones, 2 McLean, 78. The Ooppock judgment comes within no provision of the statute except that of “ all other lands,” etc., shall be bound from the time “ when they shall be seized in execution.”
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Error to the district court for Lancaster county. Tried below before Pound, J. At common law, a judgment created no lien in tbe real estate of defendant. Shrew v. Jones, 2 McLean, 78. The Ooppock judgment comes within no provision of the statute except that of “ all other lands,” etc., shall be bound from the time “ when they shall be seized in execution.” In relation to the Ooppock judgment, these lands were after acquired lands, because Martin’s title thereto was acquired after the first day of the term, to which day the lien of the judgment relates. A judgment has relation to the first day…
1Opinion of the Court
Gantt, Ch. J.
This suit was brought in the court below by Henry DuBois to foreclose a mortgage, executed and delivered to him by defendant O. J. Martin, and the mortgage was filed for record on the thirteenth of March, 1875. The plaintiff in error and several other parties were defendants; but the only matter now in controversy is between the plaintiff in error and defendant J. W. Hartley. This controversy arises upon the following facts: On the eighteenth of October, 1872, defendant O. J. Martin acquired title to the north half of the south-west quarter, and the south-east quarter of the…
2Cases cited3 opinions
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- Stephens's AppealSupreme Court of Pennsylvania · 1844
3Cited by11 opinions
- Berkley v. LambNebraska Supreme Court · 1879
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- Duell v. PotterNebraska Supreme Court · 1897
- Olander v. TigheNebraska Supreme Court · 1895
- City of Newport v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1917
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