Harrington v. Birdsall
Nebraska Supreme Court
Error from the district court of Buffalo county. Tried below before Church, J. A tender of a deed by a vendor in a land contract must be made before an action can be maintained in equity for a foreclosure.
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Error from the district court of Buffalo county. Tried below before Church, J. A tender of a deed by a vendor in a land contract must be made before an action can be maintained in equity for a foreclosure. (Willard v. Tayloe, 8 Wall. [U. S.], 557; Cole v. Wright, 50 Ind., 296; MeCaslin v. State, 44 Ind., 151; Turner v. Lassiter, 27 Ark., 662; Wakefield v. Johnson, 26 Ark., 506; Klyce v. Broyles, 37 Miss., 524; Wyvel v. Jones, 33 N. W. Rep. [Minn.], 43.) One who claims a forfeiture must show a readiness and willingness on his part to perform the contract. (Post v. Oarrow, 18 Neb., 682.) No…
1Opinion of the CourtNorval, J.
This action was brought' by defendant in error in the court below for the strict foreclosure of a land contract, or bond for a deed, on account of the failure of the vendee to pay the purchase money according to contract. The following is a copy of the instrument declared on:
“Know all men by these presents, that we, Benjamin Birdsall and Hannah Birdsall, husband and wife, of Kearney, Nebraska, are held and firmly bound unto Daniel A. Dorsey in the penal sum of three thousand dollars, for the payment of which we bind ourselves firmly by these premises, upon condition as follows: Whereas, the…
2Cases cited17 opinions
- Bruce v. . TilsonNew York Court of Appeals · 1862
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Singer Manufacturing Co. v. GrahamOregon Supreme Court · 1879
- Smoot v. ReaCourt of Appeals of Maryland · 1863
- Daily v. LitchfieldMichigan Supreme Court · 1862
12 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Flanagan Estate v. Great Cent. Land Co.Oregon Supreme Court · 1904
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Blondell v. BeamOregon Supreme Court · 1966
- Stall v. JonesNebraska Supreme Court · 1896
- Swanson v. MadsenNebraska Supreme Court · 1945
14 more not listed; retrieve them via the Exa API.