Seymour v. Street
Nebraska Supreme Court
This was a petition in error to reverse a judgment of the district court for Otoe county. It was an action brought to foreclose a mortgage given by Holly and wife to Alexander Majors on real property in Nebraska City, dated May 30, 1860, to secure a note for $4,000, given by Holly to Majors, and payable on or before the first day of August, 1861. The note and mortgage were given to secure the payment of freight for transporting a quartz mill and machinery from Nebraska City…
Read the full summary
This was a petition in error to reverse a judgment of the district court for Otoe county. It was an action brought to foreclose a mortgage given by Holly and wife to Alexander Majors on real property in Nebraska City, dated May 30, 1860, to secure a note for $4,000, given by Holly to Majors, and payable on or before the first day of August, 1861. The note and mortgage were given to secure the payment of freight for transporting a quartz mill and machinery from Nebraska City to Colorado Territory. Afterwards, on the 12th of June, 1860, Holly executed and delivered to Majors a chattel mortgage…
1Opinion of the CourtMaxwell, J.
Is a mortgage a specialty within the meaning of our statute of limitations?
A specialty is defined to be, “a writing sealed and delivered which is given as a security for the payment of a debt in which such debt is particularly specified.” Bacon’s Abr., Obligation, A. And, although in the body of the writing it is said that the parties have set their hands and seals, yet if the instrument be really sealed it is a specialty; and if it be not sealed it is not a specialty, although the parties in the body of the writing make mention of a seal. Taylor v. Glaser, 2 Sergt. & Rawle, 504. 2 Bouvier’s…
2Cases cited2 opinions
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
- Blodgett v. UtleyNebraska Supreme Court · 1875
3Cited by19 opinions
- Mattingly v. HopkinsCourt of Appeals of Maryland · 1969
- Dalition v. LangemeierNebraska Supreme Court · 1994
- Gibson v. GibsonNebraska Supreme Court · 1888
- Hoagland v. Van EttenNebraska Supreme Court · 1888
- Faulkner v. SimmsNebraska Supreme Court · 1902
14 more not listed; retrieve them via the Exa API.