Norris v. Tower
Nebraska Supreme Court
Appeal from the district court for Furnas county: Ernest B. Perry, Judge. Prior to 1915, sales of real estate under mortgage foreclosure proceedings required that the selling officer should ‘ ‘ call an inquest of two disinterested freeholders, who shall he residents of the county where the lands taken on execution are situated, and administer to them an oath impartially to appraise the interest' of the person, or persons, or corporation against whom the execution is levied,…
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Appeal from the district court for Furnas county: Ernest B. Perry, Judge. Prior to 1915, sales of real estate under mortgage foreclosure proceedings required that the selling officer should ‘ ‘ call an inquest of two disinterested freeholders, who shall he residents of the county where the lands taken on execution are situated, and administer to them an oath impartially to appraise the interest' of the person, or persons, or corporation against whom the execution is levied, in the property so levied upon, and such officer, together with said ■ freeholders, shall appraise said interest at its…
1Opinion of the CourtIzETTON, J.
The only question presented is whether the amended statute by which appraisal is dispensed with impairs the obligation of the contract, and is, therefore, in violation of the Constitution of the state and of the United States. Generally speaking, the laws in force when a contract is entered into form a part of it and enter into its obligation. But there is a consensus of opinion that the laws giving a remedy for its breach may be modified or changed without impairing its obligation provided an adequate remedy is left. Chief Justice Marshall said: “the distinction between the obligation of a…
2Cases cited3 opinions
- United States v. Baltimore & Ohio Southwestern RailroadSupreme Court of the United States · 1912
- Jones v. DavisNebraska Supreme Court · 1877
- Architectural Decorating Co. v. National Surety Co.Supreme Court of Minnesota · 1911
3Cited by8 opinions
- Dell v. City of LincolnNebraska Supreme Court · 1960
- Placek v. EdstromNebraska Supreme Court · 1947
- Lindgren v. SCHOOL DIST. OF BRIDGEPORT IN MORRILL CTY.Nebraska Supreme Court · 1960
- In Re Estate of MassieNebraska Supreme Court · 1984
- Lovelace v. BoatsmanNebraska Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.