Southern Pacific Co. v. Miller
Nevada Supreme Court
Appeal from Seventh Judicial District Court, Mineral County; Peter J. Somers, Judge. Action by the Southern Pacific Company against C. N. Miller and others. From a judgment for defendants, plaintiff appeals. The judgment is contrary to the facts as found by the trial court. (Rev. Laws, 5342.) The contract is not a mortgage and cannot be subject to the provisions of section 5501, Revised Laws.
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Appeal from Seventh Judicial District Court, Mineral County; Peter J. Somers, Judge. Action by the Southern Pacific Company against C. N. Miller and others. From a judgment for defendants, plaintiff appeals. The judgment is contrary to the facts as found by the trial court. (Rev. Laws, 5342.) The contract is not a mortgage and cannot be subject to the provisions of section 5501, Revised Laws. (Hyman v. Kelly, 1 Nev. 179; Glock v. Howard, 123 Cal. 1.) Appellant, though a creditor, is not a mortgagee. It holds the title. (Bank v. Kreig, 21 Nev. 404; Orr v. Ulyatt, 23 Nev. 134; 27 Cyc. 961;…
1Opinion of the Court
By the Court,
McCarran, J.:
This action was brought in the court below to obtain judgment in favor of the plaintiff, appellant herein, against defendants, respondents herein, for the sum of $750, being an unpaid balance, principal on a certain agreement made between appellant and respondents. The agreement, which furnished the basis for the action is as follows:
" This agreement, made the 15th day of March, A. D. 1907, between Southern Pacific Company, a corporation created and existing under laws of the State of Kentucky, first party, and C. N. Miller, George F. Thompson, and A. E. Betties, of…
2Cases cited8 opinions
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Smith v. MohnCalifornia Supreme Court · 1891
- Hyman v. KellyNevada Supreme Court · 1865
- Longmaid v. CoulterCalifornia Supreme Court · 1898
- Gessner v. PalmateerCalifornia Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Flyge v. FlynnNevada Supreme Court · 1946
- Consolidated Goldacres Co. v. CommissionerUnited States Tax Court · 1947
- Carcione v. ClarkNevada Supreme Court · 1980
- Nevada-Douglas Consolidated Copper Co. v. BerryhillNevada Supreme Court · 1938
- Brockman v. UllomNevada Supreme Court · 1931
4 more not listed; retrieve them via the Exa API.