Bloomfield State Bank v. Miller
Nebraska Supreme Court
Appeal from .the district court of Knox county. Heard below before Robinson, J. An equitable mortgage may arise from non-payment of purchase money, deposit of title deeds, or an unsuccessful attempt to malte a valid mortgage deed.
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Appeal from .the district court of Knox county. Heard below before Robinson, J. An equitable mortgage may arise from non-payment of purchase money, deposit of title deeds, or an unsuccessful attempt to malte a valid mortgage deed. (Gale v. Morris, 29 N. J. Eq. 222; Griffin v. Griffin, 18 N. J. Eq. 104; Hackett v. Reynolds, 4 R. I. 512; Chase v. Peek, 21 N. Y. 584; Carpenter v. Black Hawk Gold Mining Go., 65 N. Y. 51.) An equitable mortgage may be created by an unsuccessful attempt to make a valid mortgage deed or to appropriate specific property to the discharge of a particular debt. (Pcckham…
1Opinion of the Court
Irvine, C.
D. C. Main beld a contract with the state for the purchase of the northwest quarter of section 32, township 32 north, of range 3 west, in Knox county, said land being state educational land. He also held a number of leases of other educational land in the vicinity. In 1892 he entered into contracts with H. N. Miller, which had for their effect the transfer to Miller of Main’s rights to the land, payment of the consideration or a part thereof being deferred. The contract first referred to, and out of which this action arises, was assigned to Miller by a separate instrument. January…
2Cases cited15 opinions
- Chase v. . PeckNew York Court of Appeals · 1860
- Lehman, Durr & Co. v. CollinsSupreme Court of Alabama · 1881
- Peckham v. HaddockIllinois Supreme Court · 1864
- Carpenter v. . Black Hawk Gold Mining Co.New York Court of Appeals · 1875
- Edminster v. HigginsNebraska Supreme Court · 1877
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3Cited by19 opinions
- Sleeth v. . SampsonNew York Court of Appeals · 1923
- Continental Guaranty Corp. v. Peoples Bus LineSuperior Court of Delaware · 1922
- Rutherford Nat. Bank v. H.R. Bogle Co.New Jersey Court of Chancery · 1933
- Kendall v. GarneauNebraska Supreme Court · 1898
- Taylor v. ClarkNebraska Supreme Court · 1943
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