Bennet v. Fooks
Nebraska Supreme Court
This was a bill in chancery filed in the District Court for Cass county¡ for the foreclosure of a mortgage. The mortgage was made by Fooks on the 2d of October, 1857, but for reasons not material to be stated here, was not filed for record in Cass county in which the premises were situated, until the sixth of April, 1858. Moffit obtained judgment against Fooks in the ■ District Court for Otoe county, at the December term, 1857, on •which execution issued to the sheriff of…
Read the full summary
This was a bill in chancery filed in the District Court for Cass county¡ for the foreclosure of a mortgage. The mortgage was made by Fooks on the 2d of October, 1857, but for reasons not material to be stated here, was not filed for record in Cass county in which the premises were situated, until the sixth of April, 1858. Moffit obtained judgment against Fooks in the ■ District Court for Otoe county, at the December term, 1857, on •which execution issued to the sheriff of Cass county, who levied the same on the mortgaged- premises, and on the 30th of January, 1858, he, under his said levy,…
1Opinion of the Court
The court,
by Lockwood, J.,
held that Moffit was a bona . fide purchaser of' the premises without notice of the unrecorded mortgage, and entitled to hold the same divested *469of tbe lien thereof; and that the proceedings by which he acquired his interest were regular, and were of theinselves notice to all the world of his rights thereunder.
Decree affirmed.
2Cited by2 opinions
- Galway, Semple & Co. v. MalchowNebraska Supreme Court · 1878
- Sheasley v. KeensNebraska Supreme Court · 1896