Orr v. Broad
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. Under the execution sale all the title of mortgagors was conveyed to plaintiff in error. (Code, secs. 499, 500; Reynolds v. Cobb, 15 Neb., 381; Lamb v. Sherman, 19 Neb., 684.) Mortgagors could not assign any better right than they possessed.
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Error from the district court of Lancaster county. Tried below before Tibbets, J. The opinion contains a statement of the case. Under the execution sale all the title of mortgagors was conveyed to plaintiff in error. (Code, secs. 499, 500; Reynolds v. Cobb, 15 Neb., 381; Lamb v. Sherman, 19 Neb., 684.) Mortgagors could not assign any better right than they possessed. (Courtnay v. Parker, 16 Neb., 311, 21 Neb., 582; Johnson v. Sherman, 15 Cal., 293.) Rights to rents and profits passed to plaintiff in error as an incident to the legal title when it was conveyed by the sheriff under his deed.…
1Opinion of the CourtHarrison, J.
The plaintiff instituted tMs action in the district court of Lancaster county, asserting in the petition that on a certain stated date he was the owner in fee, and entitled to the possession, of lot 12 in block 41, in the city of Lincoln, and that the defendant Charles A. Broad wrongfully and unlawfully entered into, and held possession of, the property, received the rents, issues, and profits thereof and appropriated them to his own úse, whereby he became indebted to the plaintiff in the amount of such *493rents, etc. The prayer of the petition was for judgment in the pleaded sum of the rents.…
2Cases cited16 opinions
- Webb v. HoseltonNebraska Supreme Court · 1876
- Kyger v. RyleyNebraska Supreme Court · 1873
- Renard v. BrownNebraska Supreme Court · 1878
- Hoagland v. LoweNebraska Supreme Court · 1894
- Same v. SameNebraska Supreme Court · 1885
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3Cited by7 opinions
- Woodworth v. Northwestern Mutual Life InsuranceSupreme Court of the United States · 1902
- Zacek v. CommissionerUnited States Tax Court · 1947
- In Re SchoenleberDistrict Court, D. Nebraska · 1936
- Northwestern State Bank v. HanksNebraska Supreme Court · 1932
- Prebyl v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1938
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