Legal Opinion

Nebraska Loan & Trust Co. v. Smassall

Nebraska Supreme Court

Decided December 22, 1893No. 6212PublishedCited by 3 opinions

Appeal from the district court of York county. Heard below before Bates, J. Butterfield v. Wicks, 44 la., 310; Smith v. Eaton, 50 la., 488. Schuyler v. Hanna, 31 Neb., 307; Horsey v. Hall, 7 Neb., 465; Holbrook v. Wightman, 31 Minn., 172; 6 Ana. & Eng. Ency. Law, 881.

1Opinion of the CourtMaxwell, C. J.

In May, 1892, the Nebraska Loan & Trust Company brought this action in the district court of York county, Nebraska, against Christina Smassall and the heirs of Joseph Smassall, deceased, and also Charles W. Mosher, who held a second mortgage upon the premises hereafter described in the decree. There is no dispute in regard to the plaintiff’s claim, but the controversy in this case arises upon that of Charles W. Mosher, who claims a second mortgage upon the premises, signed by defendant John Faul, and one of the appellants, Christina Faul, formerly the wife of Joseph Smassall, deceased, and…

2Cases cited3 opinions

  1. Holbrook v. WightmanSupreme Court of Minnesota · 1883
  2. Schuyler v. HannaNebraska Supreme Court · 1891
  3. Durland v. SeilerNebraska Supreme Court · 1889

3Cited by3 opinions

  1. Brichacek v. BrichacekNebraska Supreme Court · 1906
  2. Shearon v. GoffNebraska Supreme Court · 1914
  3. Pulver v. ConnellyNebraska Supreme Court · 1913

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