Jones v. Loree
Nebraska Supreme Court
Error from the district court of Gage county. Tried ■below before Broaly, J. The facts are stated in the opinion. If the several mortgages are corfstrued separately and as independent transactions, then they and each of them are woid as covering all of the property of the debtor, and ¡property greatly in excess of the debt.
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Error from the district court of Gage county. Tried ■below before Broaly, J. The facts are stated in the opinion. If the several mortgages are corfstrued separately and as independent transactions, then they and each of them are woid as covering all of the property of the debtor, and ¡property greatly in excess of the debt. (Smith v. Boyer, 29 Neb., 77; Morse v. Steinrod, Id., 108 ; 'Brown v. Work, 30 Id., 801; Russell v. Lau, Id., 805.) If the several mortgages are considered together as constituting one transaction, then the same amounts to an assignment for the benefit of creditors, and is…
1Opinion of the Court
Irvine, C.
Charles E. Briggs was the owner of a stock of boots- and shoes in Beatrice. Upon the 23d day of December, ■1890, he executed a chattel mortgage to William M. Lores ■for $1,723.55; one to Emeline M. Briggs for $1,035.62; one to Mary Higgins for $1,549, and one to Anne Higgins for $430.33. These four mortgages were all made to-cover the stock of goods referred to, were recorded in the order named, and by the terms of the mortgages themselves were given priorities in that order. Subsequently, upon the 24th day of December’, there was executed to W. Y. Morse & Co., Smith, Blasland &…
2Cases cited9 opinions
- Bonns v. CarterNebraska Supreme Court · 1886
- Chase, Merritt & Blanchard v. WaltersSupreme Court of Iowa · 1870
- Hershiser v. W. E. Higman & Co.Nebraska Supreme Court · 1891
- Earle v. BurchNebraska Supreme Court · 1887
- Bonns v. CarterNebraska Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shull v. BartonNebraska Supreme Court · 1899
- Grand Island Banking Co. v. CostelloNebraska Supreme Court · 1895
- Hewitt v. Commercial Banking Co.Nebraska Supreme Court · 1894
- Kilpatrick-Koch Dry Goods Co. v. BremersNebraska Supreme Court · 1895
- T. A. Shaw & Co. v. Robinson & Stokes Co.Nebraska Supreme Court · 1897
13 more not listed; retrieve them via the Exa API.