Mundy v. Whittemore
Nebraska Supreme Court
Appeal by defendants from a decree of the district court of Lancaster county, PouND, J., presiding. on allegations in petition cited: § 850, Code.
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Appeal by defendants from a decree of the district court of Lancaster county, PouND, J., presiding. on allegations in petition cited: § 850, Code. Gregory v. Hartley, 6 Neb., 356. He also contended that the liability of the appellant in this controversy arises solely from the mortgage, and not at all from the note; for in this mortgage (granting for the present that it is valid) she has charged her separate estate with the payment of a certain debt, and the signing of the note does not enlarge the liability;' that the appellee in this suit stands therefore at the best, as the assignee of a…
1Opinion of the CourtMaxwell, J.
This is an action to foreclose a mortgage executed by 'Whittemore and wife to P. W. Daubney and by him transferred before due to the plaintiff. The mortgage was executed upon the separate property of the wife, which was occupied as the family homestead. The principal defense relied upon is that the mortgage was executed by the wife while under duress by her husband.. It was claimed on the trial of the cause that inasmuch as it.is alleged in the petition that the note and mortgage were assigned to the *649plaintiff, that therefore he is not a bona fide holder thereof. The allegation is as follows:…
2Cases cited4 opinions
- Dunkley v. Van BurenNew York Court of Chancery · 1818
- Webb v. HoseltonNebraska Supreme Court · 1876
- Tice v. AnninNew York Court of Chancery · 1816
- State National Bank v. HaylenNebraska Supreme Court · 1883
3Cited by10 opinions
- Eberstein v. WilletsIllinois Supreme Court · 1890
- Thompson v. NiggleySupreme Court of Kansas · 1894
- Hunt v. DarlingSupreme Court of Rhode Island · 1904
- McCormick Harvesting Machine Co. v. MillerNebraska Supreme Court · 1898
- Cass County Bank v. BrickerNebraska Supreme Court · 1892
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