Legal Opinion

Stover v. Tompkins

Nebraska Supreme Court

Decided April 13, 1892PublishedCited by 16 opinions

Appeal from the district court for Hamilton county. cited : Pomeroy, Remedies, sec. 337; Ourtis v. Tyler, 9 Paige Ch. [N. Y.], 432; King v. Whiteley, 10 Id., 465; Klapworth v. Dressier, 78 Am. Dec. [N. J.], 69, and note; Jones, Mortgages, sees. 755, 758, 760; Boone, Id., sec. 128; Keller v. Ashford, 133 IT.

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Appeal from the district court for Hamilton county. cited : Pomeroy, Remedies, sec. 337; Ourtis v. Tyler, 9 Paige Ch. [N. Y.], 432; King v. Whiteley, 10 Id., 465; Klapworth v. Dressier, 78 Am. Dec. [N. J.], 69, and note; Jones, Mortgages, sees. 755, 758, 760; Boone, Id., sec. 128; Keller v. Ashford, 133 IT. S., 610; Shamp v. Meyer, 20 Neb., 226; Crowell v. Hospital, 27 N. J. Eq., 655; Biddell v. Brizzolara, 64 Cal., 361; Stuart v. Worden, 42 Mich., 154; Vrooman v. Turner, 69 N. Y., 280; Dunning v. Leavitt, 85 Id., 35; Simson v. Brown, 68 N. Y., 355; Garnsey v. Rogers, 47 N. Y., 233; Lake Ont.…

1Opinion of the Court

Maxwell, Ch. J.

This action was brought in the district court of Hamilton county to foreclose a mortgage executed by Tompkins and wife upon certain real estate. This mortgage was afterwards transferred to the plaintiff. The mortgaged premises were conveyed by Tompkins and wife to A. J. Spanogle, and by him conveyed to Stark, who it is claimed assumed the mortgage. Stark conveyed to one Neiman who assumed the mortgage. These facts were set forth in the petition to foreclose. Service was had upon Neiman *467by publication. Stark demurred to the petition, which demurrer was overruled, and he stood…

2Cited by16 opinions

  1. Union Cent. Life Ins. v. DrakeCourt of Appeals for the Eighth Circuit · 1914
  2. Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
  3. Welch v. JohnsonOregon Supreme Court · 1919
  4. Council Bluffs Savings Bank v. GriswoldNebraska Supreme Court · 1897
  5. Parratt v. HartsuffNebraska Supreme Court · 1906

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