Kersenbrock v. Muff
Nebraska Supreme Court
Error to the district court for Saline county. Tried below before Morris, J. cited: Johnson v. Payne, 11 Neb., 269. One cannot become a creditor without the debtor’s consent. (Bishop, Contracts, sec. 211; Herman v. Edson, 9 Neb., 157; Phillips v. Jefferson Co., 5 Kan., 412.) Even admitting that the taxes became a part of the mortgaged debt, the whole was extinguished by the release.
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Error to the district court for Saline county. Tried below before Morris, J. cited: Johnson v. Payne, 11 Neb., 269. One cannot become a creditor without the debtor’s consent. (Bishop, Contracts, sec. 211; Herman v. Edson, 9 Neb., 157; Phillips v. Jefferson Co., 5 Kan., 412.) Even admitting that the taxes became a part of the mortgaged debt, the whole was extinguished by the release. (Young v. Brand, 15 Neb., 604; Southard v. Barrington, 10 Id., 122; Johnson v. Payne, 11 Id., 271.)
1Opinion of the CourtNoryal, J.
The plaintiff in error, on the 31st day of October, 1885, contracted with the defendants to sell and convey to them certain real estate situated in West Crete, known as the Western Brewery, for the sum of $16,000, the defendants agreeing to pay the 1884 and 1885 taxes on the property. Afterwards the plaintiff conveyed the property to the defendants, and as part payment the latter made to the plaintiff two real estate mortgages on the property conveyed, *531dated November 3,1885, eacli to secure the sum of $1,500, payable in one and two years respectively, with interest at ten per cent. In July,…
2Cases cited1 opinion
- Johnson v. PayneNebraska Supreme Court · 1881
3Cited by7 opinions
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- United States Fidelity & Guaranty Co. v. RieckNebraska Supreme Court · 1906
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