Legal Opinion

Commercial Bank v. Eastern Banking Co.

Nebraska Supreme Court

Decided June 3, 1897No. 7319PublishedCited by 5 opinions

Appeal from the district court of Nance county. Heard below before Sullivan, J. The opinion contains a statement of tbe case.

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Appeal from the district court of Nance county. Heard below before Sullivan, J. The opinion contains a statement of tbe case. Even if there was a judgment, no steps having been taken to enforce it until long after the passage of the act of congress relating to registration of judgments of the federal courts, any lien which might have theretofore existed was wholly destroyed, and the levy and sale made under the execution of 1890, upon land, the title to which had not been in the judgment debtor since 1887, gave no title whatever. (2 Freeman, Judgments [4th ed.], sec. 342; Moore v. Holland, 16…

1Opinion of the Court

Ryan, C.

This is an appeal from a decree of the district court of Nance county, by which plaintiff’s title to certain real-property in said county was confirmed to the exclusion of the rights of appellant Burke. Briefly stated, the facts involved are as follows: On January 27, 1887, there was rendered in favor of the plaintiff, in-the circuit court of *768the United States for the district of Nebraska, a judgment in the sum of something over $3,000 against J. P. Tewksbury, then the owner of the real property in dispute in this action. By purchase Burke acquired the title of Tewksbury on January…

2Cases cited3 opinions

  1. State ex rel. Glenn v. SteinNebraska Supreme Court · 1882
  2. McIntosh v. JohnsonNebraska Supreme Court · 1897
  3. State ex rel. City Water Co. v. City of KearneyNebraska Supreme Court · 1897

3Cited by5 opinions

  1. Jones v. Union Oil Co.California Supreme Court · 1933
  2. War Finance Corp. v. ThorntonNebraska Supreme Court · 1929
  3. Bliss v. ReddingNebraska Supreme Court · 1931
  4. Sharpe v. Grand Lodge, Ancient Order of United WorkmenNebraska Supreme Court · 1922
  5. State ex rel. Spillman v. Federated Merchants Mutual InsuranceNebraska Supreme Court · 1928

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