Legal Opinion

Philadelphia Mortgage & Trust Co. v. Oyler

Nebraska Supreme Court

Decided April 17, 1901No. 9,301PublishedCited by 6 opinions

Appeal from the district court for Lancaster county. Heard below before Holmes, J.

1Opinion of the CourtHolcomb, J.

Two separate actions in equity were instituted for the purpose of foreclosing mortgage liens on two tracts of real estate, and the recovery of the debts secured thereby, which were afterwards consolidated and prosecuted as one action. The matters in controversy are common to both actions before consolidation; hence,the propriety of treating them as but a single case. After the execution of the mortgages, the properties mortgaged, being two adjoining improved lots, were several times transferred, the grantee in each instance assuming and agreeing, as a part of the consideration for the…

2Cases cited4 opinions

  1. Pouder v. TateIndiana Supreme Court · 1884
  2. Fluker v. Emporia City Railway Co.Supreme Court of Kansas · 1892
  3. Sanders v. SlaughterSupreme Court of Georgia · 1892
  4. Rogers v. MarshallNew York Supreme Court · 1869

3Cited by6 opinions

  1. Cone-Otwell-Wilson Corp. v. Commodore's Point Terminal Co.Supreme Court of Florida · 1927
  2. Lackey v. YekelNebraska Supreme Court · 1925
  3. In Re SchoenleberDistrict Court, D. Nebraska · 1936
  4. American Commercial & Savings Bank v. McCammondSupreme Court of Iowa · 1931
  5. Newman v. Van NortwickWashington Supreme Court · 1917

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