Higginbottom v. Benson
Nebraska Supreme Court
Appeal from the district court of Hamilton county. Tried below before Norval, J. cited: Jones on Mortgages, Secs. 1118, 1128, 1678. Barton v. Land Co., 27 Kan., 634. Parsons v. Moses, 16 Iowa, 440. Morgan v. Walbridge, 56 Vt., 405. Smoot v. Smoot, 12 Lea, 274. French v. Qrenet, 57 Tex., 273. Bright v. Boyd, 1 Story, 478. Putnam v. Ritchie, 6 Paige, 390. Renard v. Brown, 7 Neb., 449. MiUer v. Finn, 1 Neb., 254. cited : Wetmore v. Roberts, 10 How.
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Appeal from the district court of Hamilton county. Tried below before Norval, J. cited: Jones on Mortgages, Secs. 1118, 1128, 1678. Barton v. Land Co., 27 Kan., 634. Parsons v. Moses, 16 Iowa, 440. Morgan v. Walbridge, 56 Vt., 405. Smoot v. Smoot, 12 Lea, 274. French v. Qrenet, 57 Tex., 273. Bright v. Boyd, 1 Story, 478. Putnam v. Ritchie, 6 Paige, 390. Renard v. Brown, 7 Neb., 449. MiUer v. Finn, 1 Neb., 254. cited : Wetmore v. Roberts, 10 How. Pr., 51. Miohles v. Dillaye, 17 New York, 80. Talbot v. Braddil, 1 Yern., 184. Poole v. Johnson, 17 N. W. Rep., 900, and cases cited.
1Opinion of the Court
Reese, Ch. J.
This action was commenced in the district court of Hamilton county by plaintiff, the holder of a junior mortgage on real estate, against defendant, the purchaser of the land at judicial sale upon the foreclosure of a prior mortgage, for the purpose of requiring him to redeem plaintiff’s mortgage, or in case of his failure so to do, that the premises be sold. Upon trial the district court found that defendant’s grantor had purchased the property at judicial sale, as alleged, and that while in the possession thereof, subsequent to such purchase, and in the belief that he was the…
2Cases cited3 opinions
- Mickles v. . Dillaye and OthersNew York Court of Appeals · 1858
- Renard v. BrownNebraska Supreme Court · 1878
- Wetmore v. RobertsNew York Supreme Court · 1853
3Cited by7 opinions
- Campbell v. OHIO NATIONAL LIFE INSURANCE CO.Nebraska Supreme Court · 1956
- Morrow v. JonesNebraska Supreme Court · 1894
- Cram v. CotrellNebraska Supreme Court · 1896
- Penn Mutual Life Insurance v. KatzNebraska Supreme Court · 1941
- Sedlak v. DudaNebraska Supreme Court · 1944
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