Dell v. Oppenheimer
Nebraska Supreme Court
Appeal by defendants from a decree of foreclosure rendered against them in Lancaster county district court, Pound, J., presiding. cited Montany v. Rock, 10 Mo., 506. Wiley v. Hight, 39 Mo., 130. Willie v. Green, 2 N. H., 333. SMreley v. Witty, 19 111., 623. Mitchell v. Doggett, 1 Ela., 365. Matlock v. Mallory, 19 Ala., 694. Richards v. Kountze, 4 Neb., 200, and authorities there cited. cited Richards v. Kountze, 4 Neb., 200. Rosa v. Doggett, 8 Neb., 48. Bell v. Coleman, 2 O.…
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Appeal by defendants from a decree of foreclosure rendered against them in Lancaster county district court, Pound, J., presiding. cited Montany v. Rock, 10 Mo., 506. Wiley v. Hight, 39 Mo., 130. Willie v. Green, 2 N. H., 333. SMreley v. Witty, 19 111., 623. Mitchell v. Doggett, 1 Ela., 365. Matlock v. Mallory, 19 Ala., 694. Richards v. Kountze, 4 Neb., 200, and authorities there cited. cited Richards v. Kountze, 4 Neb., 200. Rosa v. Doggett, 8 Neb., 48. Bell v. Coleman, 2 O. B., 284. Busby v. Finn, 1 Ohio State, 409. Carson v. Ingals, 33 Barb., 657.
1Opinion of the CourtLake, J.
This is an action to foreclose a mortgage, and the only defense .interposed is that of usury. The court below found from the evidence that the original contract of loan was not usurious, “but that after the maturity of said note and mortgage, the plaintiff agreed to take and receive, and the defendants agreed to give *455and pay, interest at tbe rate of fifteen per cent per annum on said note and mortgage; and tbat in pursuance of said last named agreement the defendant did pay, and tbe plaintiff' received, interest on said note and mortgage at tbe rate of fifteen per cent per annum, and tbat tbe…
2Cases cited3 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Knowles v. PeopleMichigan Supreme Court · 1867
- Richards v. KountzeNebraska Supreme Court · 1876
3Cited by9 opinions
- Knihal v. StateNebraska Supreme Court · 1949
- State Ex Rel. Beck v. Associates Discount Corp.Nebraska Supreme Court · 1959
- Titterington v. StateNebraska Supreme Court · 1905
- McDonald v. AufdengartenNebraska Supreme Court · 1894
- Myers v. MyersCourt of Appeals for the D.C. Circuit · 1925
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