Galway, Semple & Co. v. Malchow
Nebraska Supreme Court
Appeal from a decree of foreclosure entered by Yalentine, J., in the district court of Cuming county. The appeal was taken by The State Rank of Nebraska and Kirby & Howe, defendants, who had recovered certain judgments against Malchow, after the recording of a mortgage given by him to plaintiffs. Further facts appear in the opinion. A judgment lien takes priority over a defective or unrecorded mortgage.
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Appeal from a decree of foreclosure entered by Yalentine, J., in the district court of Cuming county. The appeal was taken by The State Rank of Nebraska and Kirby & Howe, defendants, who had recovered certain judgments against Malchow, after the recording of a mortgage given by him to plaintiffs. Further facts appear in the opinion. A judgment lien takes priority over a defective or unrecorded mortgage. Van Thorniley v. Peters, 26 O. S., 471. Freeman on Judgments, Sec. 86. Hopping v. Burnam, 2 G-. Greene, 39. Holloway v. Plattner, 20 Iowa, 121. Semple v. Burd, 7 S. & B., 288. Jacques v.…
1Opinion of the CourtLake, J.
This is an appeal from the district court for Cuming county. The action was brought to correct a mistake *287in the description of mortgaged premises, and at the same time to obtain a foreclosure and sale of the lands intended to be conveyed.
That a mistake was made, by which one hundred and sixty acres of the land intended to have been conveyed was erroneously described as being in section i/wentyeight instead of section thirty-three, in which it really lay, is admitted. And it is not denied that, as between the immediate parties to the instrument, the correction is within the jurisdiction of the…
2Cases cited5 opinions
- Brown v. PierceSupreme Court of the United States · 1869
- Fallass v. PierceWisconsin Supreme Court · 1872
- Massey v. WestcottIllinois Supreme Court · 1866
- McFadden v. WorthingtonIllinois Supreme Court · 1867
- Bennet v. FooksNebraska Supreme Court · 1871
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