Hedman v. Anderson
Nebraska Supreme Court
Error from the district court of Platte county. Tried below before Post, J. A statement of the case appears in the opinion. This mortgage had the marks of fraud because it was general, without exception of his apparel or anything of necessity, and the mortgagor was" to continue in possession and use such articles as his own, and the transaction was inconsistent with the conveyance. 1 Smith’s Leading Cases, 2d Ed., pages 34, and from 40 to 51 inclusive.
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Error from the district court of Platte county. Tried below before Post, J. A statement of the case appears in the opinion. This mortgage had the marks of fraud because it was general, without exception of his apparel or anything of necessity, and the mortgagor was" to continue in possession and use such articles as his own, and the transaction was inconsistent with the conveyance. 1 Smith’s Leading Cases, 2d Ed., pages 34, and from 40 to 51 inclusive. A sale of chattels, absolute or contingent, with an agreement in or out of the deed that the vendor may keep possession, or, if the vendor…
1Opinion of the CourtMaxwell, J.
On the eighteenth day of September, 1875, Lester W. Platt executed and delivered to the defendant in error a chattel mortgage on all his personal property to secure the payment on demand of the sum of $2,203.00. The mortgage was filed for record on the day of its execution. Platt died in a few days after the execution of the mortgage in question, leaving a will’wherein Elvira Gr. Platt and the defendant in error were named as executors. On or about the fourth day of January, 1876, the defendant in error took possession of the property described in the mortgage and advertised the same for sale…
2Cases cited4 opinions
- Tallon v. John B. Ellison & SonsNebraska Supreme Court · 1873
- Monteith v. BaxNebraska Supreme Court · 1875
- Blackburn v. OstranderNebraska Supreme Court · 1876
- Estabrook v. Omaha Hotel Co.Nebraska Supreme Court · 1876
3Cited by9 opinions
- Davis v. ScottNebraska Supreme Court · 1887
- Gallagher v. M. E. Smith & Co.Nebraska Supreme Court · 1894
- Chicago Lumber Co. v. FisherNebraska Supreme Court · 1885
- Gregory v. WhedonNebraska Supreme Court · 1879
- Argabright v. StateNebraska Supreme Court · 1896
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