Legal Opinion

Metz v. State Bank

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 25 opinions

Appear from Richardson county, by defendant, The State Bank of Brownville, Nebraska. As between the judgment debtor and creditor there is no need of indexing at all, except as mere matter of convenience, all must admit. As between them, all must admit that the judgment was a lien from the time of filing, whether indexed or not.

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Appear from Richardson county, by defendant, The State Bank of Brownville, Nebraska. As between the judgment debtor and creditor there is no need of indexing at all, except as mere matter of convenience, all must admit. As between them, all must admit that the judgment was a lien from the time of filing, whether indexed or not. If it became a lien as to them when filed, it continued to be a lien against the land — against everyone; and the principle of protection to Iona fide purchasers awarded under the laws of registration of deeds does not obtain, because the law of registration of deeds…

1Opinion of the CourtMaxwell, J.

On the twenty-first day of September, 1874, the state bank of Brownville, Nebraska, recovered a judgment against William Hall for the sum of $374.85, and costs, in the probate court of Richardson county. On the thirteenth day of February, 1875, the bank procured a transcript of the judgment, and filed the same in the office of the clerk of the district court of Richardson county, Hall at that time being the owner of certain real (st ite in said county. The cause of action upon which the judgment was recovered was a promissory note given by Hall to the bank, which was signed by Theodore Hill…

2Cases cited5 opinions

  1. Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
  2. Thelusson v. SmithSupreme Court of the United States · 1817
  3. Rodgers v. . BonnerNew York Court of Appeals · 1871
  4. Wood v. ReynoldsSupreme Court of Pennsylvania · 1844
  5. Kemper v. AdamsU.S. Circuit Court for the District of Illinois · 1853

3Cited by25 opinions

  1. Shirk v. ThomasIndiana Supreme Court · 1889
  2. Reese v. DempseyNew Mexico Supreme Court · 1944
  3. Knaak v. BrownNebraska Supreme Court · 1927
  4. Dewey v. . SuggSupreme Court of North Carolina · 1891
  5. Stenzel v. KronickCalifornia Court of Appeal · 1929

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