Omaha National Bank v. Ferguson

The question involved on this appeal is one of law; no controverted question of fact being presented by the record. The facts, briefly stated, are: On November 3, 1888, Chárles Childs executed and delivered to the Omaha Loan & Trust Company his promissory note for $8,000. As security therefor he and his wife, Catherine J., executed and delivered to the trust company a mortgage deed covering lands in sections 15, 22 and 23, in township 14, range 13, in Sarpy county, which note and mortgage were, ón February 23, 1895, duly assigned to Everard D. Ferguson. Thereafter Ferguson brought suit in the…