Burt v. Baldwin
Nebraska Supreme Court
Appeal by defendant Baldwin from a decree rendered against Mm in the district court for Douglas county. The opinion contains a sufficient statement of the facts in the ease. 1. The possession of land by a tenant is notice of the landlord’s title, and is enough to put subsequent mortgagees or purchasers upon inquiry as to landlord’s title.
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Appeal by defendant Baldwin from a decree rendered against Mm in the district court for Douglas county. The opinion contains a sufficient statement of the facts in the ease. 1. The possession of land by a tenant is notice of the landlord’s title, and is enough to put subsequent mortgagees or purchasers upon inquiry as to landlord’s title. Dutton v. Warschauer, 21 Cal., 610-28-29. Hanley v. Morse, 32 Me., 287. Daniels v. Davidson, 16 Yesey, 249. Danders v. Bolton, 26 Cal., 419. Possession is sufficient to put purchaser upon his inquiry as to outstanding title, and it is his own fault if he…
1Opinion of the CourtCobb, J.
This is an action to foreclose a mortgage executed by John Gallagher. Matthew S. Baldwin was made a defendant under the general allegation that “said defendants, Matthew S. Baldwin and C. A. Johnson, have or claim to have some right, title, or interest in or to said premises described in said mortgage, the exact nature of which is to this plaintiff unknown, but *490plaintiff alleges that whatever such claims or interests may bej they are all subsequent and subject to the said mortgage lien of this plaintiff
Matthew S. Baldwin answered denying the material allegations of the plaintiff’s petition,…
2Cases cited1 opinion
- Loughridge v. BowlandMississippi Supreme Court · 1876
3Cited by2 opinions
- Conlee v. McDowellNebraska Supreme Court · 1883
- Faulkner v. SimmsNebraska Supreme Court · 1902