State Bank v. Green
Nebraska Supreme Court
This was an appeal by defendant from an order confirming the sale of real estate in the district court of Washington county, upon a motion to dismiss which the following opinion was filed. Maxwell, Ch. J. Certain real estate of the defendant was sold at judicial sale and the sale confirmed in vacation. The defendant appeals to this court.
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This was an appeal by defendant from an order confirming the sale of real estate in the district court of Washington county, upon a motion to dismiss which the following opinion was filed. Maxwell, Ch. J. Certain real estate of the defendant was sold at judicial sale and the sale confirmed in vacation. The defendant appeals to this court. The plaintiff moves to dismiss the appeal upon the grounds:— First — That the order is not appealable, not having been made by the district court. Second — Because the transcript does not contain nor purport to contain áll the pleadings, proceedings, and…
1Opinion of the Court
Maxwell, Ch. J.
In April, 1874, the appellant executed and delivered to John I. Redick three promissory notes each for the sum of $8,333.33, payable in one, two and three years, with interest at 10 per cent, and to secure the payment of the same executed a mortgage upon certain real estate in Washington county. It is alleged in the petition that the first note was paid. The second note was indorsed by Redick and transferred to the appellee before maturity. Upon the maturity of the note it was protested for non-payment and notice given to Redick.
In April, 1876, an action of foreclosure for the…
2Cases cited3 opinions
- Glore v. George B.Nebraska Supreme Court · 1875
- McCann v. McLennanNebraska Supreme Court · 1873
- Redgrave v. Baptist ChurchNebraska Supreme Court · 1871
3Cited by18 opinions
- State v. HillNebraska Supreme Court · 1896
- United States Nat. Bank of Omaha, Neb. v. PampCourt of Appeals for the Eighth Circuit · 1936
- Luce v. FosterNebraska Supreme Court · 1894
- Woodworth v. Northwestern Mutual Life InsuranceSupreme Court of the United States · 1902
- Armstrong v. MayerNebraska Supreme Court · 1903
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