Legal Opinion

Abbott v. Johnston

Nebraska Supreme Court

Decided May 17, 1913No. 17,181PublishedCited by 10 opinions

Appeal from the district court for Saline county: Leslie Gf. Hurd, Judge.

1Opinion of the CourtRose, J.

Plaintiff began a suit in 1909 to cancel a mortgage on a number of lots in Crete, on the ground that enforcement of the lien had been barred by the statute of limitations. The mortgage was given to secure a note for $2,780, dated May 17, 1888, and payable May 17, 1890. Guy L. Abbott and Elizabeth Abbott were mortgagors, and Johnston, Eoss & Stevens were mortgagees. Plaintiff asserted title to the mortgaged lots through mortgagors, and undertook to sue the heirs and legal representatives of a purchaser of the mortgage. Plaintiff did not plead payment or offer to pay the debt. His action was…

2Cases cited10 opinions

  1. Munro v. CallahanNebraska Supreme Court · 1898
  2. Williams v. MilesNebraska Supreme Court · 1905
  3. Wirth v. WeigandNebraska Supreme Court · 1909
  4. Radzuweit v. WatkinsNebraska Supreme Court · 1898
  5. Sherman County v. NicholsNebraska Supreme Court · 1902

5 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Krause v. LongNebraska Supreme Court · 1923
  2. State v. Odd Fellows Hall Ass'nNebraska Supreme Court · 1932
  3. Hall v. HallNebraska Supreme Court · 1932
  4. Kulhanek v. KulhanekNebraska Supreme Court · 1921
  5. Norfolk Packing Co. v. American InsuranceNebraska Supreme Court · 1927

5 more not listed; retrieve them via the Exa API.

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