Reid v. Colby
Nebraska Supreme Court
Appeal from the district court of Gage county. Heard below before Broady, J. cited: 3 Suth. on Dam. 587, and cases cited in note; Phillips v. Jones, 12 Neb. 213, 215; Munroe v. Pritchett, 50 Am. Dec. 203; Ghatam Furnace Co. v. Moffatt, 18 N. E. Rep. (Mass.) 169; Cooper v. Sahlesinger, 111 U.S. 148; Bower v. Fenn, 90 Pa. St. 359. cited: Babcock v. IAbbey, 53 How. Pr. (N.Y.) 255; Starr v. Bennett, 5 Hill, (Id.) 303-306; White v. Seaver, 25 Barb.
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Appeal from the district court of Gage county. Heard below before Broady, J. cited: 3 Suth. on Dam. 587, and cases cited in note; Phillips v. Jones, 12 Neb. 213, 215; Munroe v. Pritchett, 50 Am. Dec. 203; Ghatam Furnace Co. v. Moffatt, 18 N. E. Rep. (Mass.) 169; Cooper v. Sahlesinger, 111 U.S. 148; Bower v. Fenn, 90 Pa. St. 359. cited: Babcock v. IAbbey, 53 How. Pr. (N.Y.) 255; Starr v. Bennett, 5 Hill, (Id.) 303-306; White v. Seaver, 25 Barb. (Id.) 242; Sawyer v. Prickett, 19 Wall. 146.
1Opinion of the CourtCobb, J.
The plaintiff commenced his action in the district court of Gage county for the foreclosure of a real estate mortgage executed by L. W. Colby and Alfred Hazlett, together with their wives, to secure the payment of a promissory note executed by them to him for the sum of $12,000, with interest at ten per cent per annum, dated March 7, 1884, and payable March 7, 1885.
The plaintiff’s petition, after setting forth the execution and delivery of the note and the execution, acknowledgment, delivery, and recording, of the mortgage, contained the statement that, “The defendants have not paid the *471amount…
2Cases cited3 opinions
- Seymour v. StreetNebraska Supreme Court · 1876
- Potvin v. Curran & ChaseNebraska Supreme Court · 1882
- Fisk v. StateNebraska Supreme Court · 1879
3Cited by3 opinions
- Sheridan Coal Co. v. C. W. Hull Co.Nebraska Supreme Court · 1910
- Fuller v. Northern Pacific Elevator Co.North Dakota Supreme Court · 1891
- Rudd v. DunlapSupreme Court of Oklahoma · 1905