Robertson v. Brooks

Duffie, C.

The plaintiff in error brought this action in the district court for Pawnee county to recover from Joseph B. Brooks, clerk of the district court for said county, and the other defendants, certain moneys paid to Brooks by the sheriff, being the surplus arising from a sale of real estate made on mortgage foreclosure, and upon which the plaintiff had a lien by virtue of a second mortgage. Brooks, the clerk, paid the money to Story Bros., attorneys for the defendant Moss, the owner of the equity of redemption of the mortgaged premises, and these attorneys paid over the money to their…