Jones v. Burtis
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Holmes, J. References: Gregory v. Hartley, 6 Neb. 356; Meehan v. First Hat. Bank of Fairfield, 44 Neb. 213; Hargreaves v. Menlcen, 45 Neb. 668; Bing v. Morse, 51 Neb. 842; Shufelt v. Shufelt, 9 Paige [N. Y.] 47; Cooper v. Bresler, 9 Mich. 533; Scofield v. Doscher, 72 N. Y. 492. References: Henry & Ooalsioorlh Go. v. McOurdy, 36 Neb. 863; Mundy v. Whittemore, 15 Neb. 647.
1Opinion of the CourtNorval, J.
The action ivas to foreclose, a real estate mortgage. Plaintiff obtained a decree, and the mortgagors appeal therefrom, claiming that the findings are unsupported by the evidence. The petition contains, inter alia, the averment that, no proceedings at law’- have been had for the recovery of the debt secured by the mortgage, or any part thereof. The answer was a denial of each and every allegation in the petition contained. On the trial plaintiff introduced as evidence the note and mortgage in question, and rested. No other or further evidence was adduced in tbe case by either party, The…
2Cases cited4 opinions
- Meehan v. First National BankNebraska Supreme Court · 1895
- Gregory v. HartleyNebraska Supreme Court · 1877
- Hargreaves v. MenkenNebraska Supreme Court · 1895
- Bing v. MorseNebraska Supreme Court · 1897
3Cited by5 opinions
- UNITED BENEFIT LIFE INSURANCE COMPANY v. HolmanNebraska Supreme Court · 1964
- Miller v. NicodemusNebraska Supreme Court · 1899
- Beebe v. BahrNebraska Supreme Court · 1909
- Kirby v. ShraderNebraska Supreme Court · 1899
- Michigan Trust Co. v. City of Red CloudNebraska Supreme Court · 1903