Renard v. Brown
Nebraska Supreme Court
Appeal by plaintiff from the district court of Washington county. Tried below before Savage, J. The opinion states the case. All the authorities agree that the junior mortgagee is not affected by sale under a foreclosure to which he was not a party; that as to him it stands as if no such sale had been made, and that he may redeem by paying the amount of the incumbrance. 4 Kent, 185. 2 Hilliard on Mort., 131, et seq.
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Appeal by plaintiff from the district court of Washington county. Tried below before Savage, J. The opinion states the case. All the authorities agree that the junior mortgagee is not affected by sale under a foreclosure to which he was not a party; that as to him it stands as if no such sale had been made, and that he may redeem by paying the amount of the incumbrance. 4 Kent, 185. 2 Hilliard on Mort., 131, et seq. Gage v. Brewster, 31 N. Y., 218 Hasséllman v. MoKerncm, 50 Ind., 444. Parker v. Child, 25 N. J. Eq., 41. Hodgen v. Guttery, 58 111., 431. Gower v. Wi/nehester, 33 Iowa, 303. The…
1Opinion of the Court
Maxwell, Ch. J.
On the twenty-seventh day of November, 1867, Evalin Purchase executed and delivered to the plaintiff a mortgage upon the east half of the south-east quarter, and the north-west quarter of the south-east quarter of section thirty-four, in township seventeen north, range — east of *451the sixth principal meridian, to secure the payment of a certain promissory note for the sum of $600, due in one year from date, with interest at 12 per cent., which mortgage was duly recorded.
On the twenty-seventh day of December, 1870, Purchase and wife, executed and delivered to the defendants a…
2Cases cited14 opinions
- Hitchcock v. HarringtonNew York Supreme Court · 1810
- Denton v. NannyNew York Supreme Court · 1850
- Webb v. HoseltonNebraska Supreme Court · 1876
- Kyger v. RyleyNebraska Supreme Court · 1873
- Miller v. FinnNebraska Supreme Court · 1871
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Jones v. . WilliamsSupreme Court of North Carolina · 1911
- Gaskell v. ViquesneyIndiana Supreme Court · 1890
- Cram v. CotrellNebraska Supreme Court · 1896
- Catterlin v. ArmstrongIndiana Supreme Court · 1881
16 more not listed; retrieve them via the Exa API.