Legal Opinion

Coad v. Home Cattle Co.

Nebraska Supreme Court

Decided September 15, 1891PublishedCited by 12 opinions

Appeal from the -district court for Cheyenne county. Heard below before Morris, J. as to usury and the inception of the contract: Tyler, Usury, 83; Miller v. Tiffany, 1 Wall. [U. S.], 298; Andrews v. IToxie, 5 Tex., 171; Pratt v. Adams, 7 Paige [N. Y.], 615; Berrien v. Wright, 26 Barb. [N. Y.], 208; Roberts v. MoNeely, 7 Jones [N. Car.], 506 ; Parham v. Pulliam, 5 Caldw. [Tenn.], 497; Vail v. Heustis, 14 Ind., 607; Marvin v. Me Outturn, 20 Johns. [N. Y.], 288; Hall v.…

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Appeal from the -district court for Cheyenne county. Heard below before Morris, J. as to usury and the inception of the contract: Tyler, Usury, 83; Miller v. Tiffany, 1 Wall. [U. S.], 298; Andrews v. IToxie, 5 Tex., 171; Pratt v. Adams, 7 Paige [N. Y.], 615; Berrien v. Wright, 26 Barb. [N. Y.], 208; Roberts v. MoNeely, 7 Jones [N. Car.], 506 ; Parham v. Pulliam, 5 Caldw. [Tenn.], 497; Vail v. Heustis, 14 Ind., 607; Marvin v. Me Outturn, 20 Johns. [N. Y.], 288; Hall v. Wilson, 16 Barb. [N. Y.], 548; Armstrong v. Toler, 11 Wheat. [U. S.], 258, 271; Curtis v. Leavitt, 15 N. Y., 9, 53, 178;…

1Opinion of the CourtNorval, J.

This suit was brought by the appellee in the district court of Cheyenne county to foreclose a real estate mortgage executed by the Home Cattle Company. The State Bank of Sidney, being a subsequent mortgagee, was joined as party defendant.

The court found that there was due the plaintiff on his note and mortgage the sum of $6,339.07, and that the same was a first lien on the real estate mentioned in the petition. The court also found that there was due the State Bank of Sidney, on its mortgage from the Home Cattle Company, the sum of $6,208, and the same was a second lien. A decree of…

2Cases cited1 opinion

  1. Pope v. HooperNebraska Supreme Court · 1877

3Cited by12 opinions

  1. Kinney Loan & Finance Co. v. SumnerNebraska Supreme Court · 1954
  2. Baxter T. BeckwithColorado Court of Appeals · 1913
  3. Reynolds v. SmithSupreme Court of Florida · 1905
  4. Exchange Bank & Trust Co. v. TameriusNebraska Supreme Court · 1978
  5. Northwestern Mutual Life Insurance v. ButlerNebraska Supreme Court · 1898

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