Chadron Banking Co. v. Mahoney
Nebraska Supreme Court
Appeal from the district court of Dawes county. Heard •below before Kinkaid, J. cited, contending that there was error in admitting the record of assignment: Buck v. Gage, 27 Neb., 306; that no receiver should have been appointed: Sea Ins.
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Appeal from the district court of Dawes county. Heard •below before Kinkaid, J. cited, contending that there was error in admitting the record of assignment: Buck v. Gage, 27 Neb., 306; that no receiver should have been appointed: Sea Ins. Co. v. Stebbins, 8 Paige Ch. [N. Y.], 565; Morris v. Branchaud, 52 Wis., 191; Burlingame v. Farce, 12 Hun [N. Y.], 148; Smith v. Kelley, 31 Hun [N. Y.], 387; Haas v. Chicago Building Society, 89 111., •502. cited as to the appointment of the receiver: Jacobs v. Gibson, 9 Neb., 382.
1Opinion of the Court
Ikvine, C.
The Chadron Banking Company brought this action to foreclose a mortgage on lot 11, in block 11, and other property in the city of Chadron. The petition alleged that on February 20, 1893, Jeremiah Mahoney and Catherine *216Mahoney, his wife, made and delivered to the plaintiff their promissory note for $3,602.85, and to secure the same executed to the plaintiff a mortgage on the property in question. Then followed other averments necessary to a foreclosure, and allegations of fact in support of an application for a receiver. The petition also alleged that Joseph M. Robinson claimed an…
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