White v. Bartlett
Nebraska Supreme Court
Appeal from Douglas county. Heard below before Savage, J. Stebbins was not an innocent purchaser. Savage v. Hazard, 11 Neb., 323. The lien does not exist by virtue of the assignment but by virtue of the judgment, and notice of the judgment carries with it notice of the liens existing by virtue of it, hi whose-soever favor they may exist, and defendant Stebbins cannot be heard to deny that he had notice of this lien when the judgment was of record unsatisfied and unreversed.
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Appeal from Douglas county. Heard below before Savage, J. Stebbins was not an innocent purchaser. Savage v. Hazard, 11 Neb., 323. The lien does not exist by virtue of the assignment but by virtue of the judgment, and notice of the judgment carries with it notice of the liens existing by virtue of it, hi whose-soever favor they may exist, and defendant Stebbins cannot be heard to deny that he had notice of this lien when the judgment was of record unsatisfied and unreversed. On question of parties, cited : Jones on Mort., § 1437. Forrer v. Klohe, 10 Neb., 373. cited: Wade on Notice, § 149.…
1Opinion of the CourtMaxwell, J.
In October, 1874, the Omaha National Bank recovered a judgment in the district court of Douglas county against Joel T. Griffin and W. R. Bartlett for the sum of $2789.40, Bartlett being surety for Griffin. In January, 1875, Bartlett and wife executed a mortgage on lot 14 in Bartlett’s addition, and lot 18 in Griffin and Isaacs’ addition to Omaha, to secure the payment of the sum of $1,000. In May, 1878, an action was commenced in the district court of Douglas county to foreclose said mortgage, the defendants herein being defendants in that action, all except Bartlett and wife as lienholders.…
2Cases cited4 opinions
- Jones v. WitterMassachusetts Supreme Judicial Court · 1816
- Thayer v. DanielsMassachusetts Supreme Judicial Court · 1873
- Metz v. State BankNebraska Supreme Court · 1878
- First National Bank v. BartlettNebraska Supreme Court · 1879
3Cited by7 opinions
- Coffin v. Old Line Life InsuranceNebraska Supreme Court · 1941
- Moss v. RobertsonNebraska Supreme Court · 1898
- Stratton v. ReisdorphNebraska Supreme Court · 1892
- Burnett v. HoffmanNebraska Supreme Court · 1894
- Burns v. ShollNebraska Supreme Court · 1924
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