Dorsey v. Conrad
Nebraska Supreme Court
Appeal from the district court of Dixon county. Heard below before Nobbis, J. The facts are stated by the commissioner. Where alterations are apparent upon the face of an instrument, one offering it in evidence must show that the changes were made at the time the instrument was executed. (1 Devlin, Deeds, sec. 463; 1 Greenleaf, Evidence [14th ed.], sec. 564; Estate of Nagle, 134 Pa.
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Appeal from the district court of Dixon county. Heard below before Nobbis, J. The facts are stated by the commissioner. Where alterations are apparent upon the face of an instrument, one offering it in evidence must show that the changes were made at the time the instrument was executed. (1 Devlin, Deeds, sec. 463; 1 Greenleaf, Evidence [14th ed.], sec. 564; Estate of Nagle, 134 Pa. St., 31; Harris v. Bank of Jacksonville, 22 Fla., 501; Warder v. Will-yard,, 46 Minn., 531; Slater v. Moore, 86 Ya., 26; Simpson v. Stackhouse, 49 Am. Dec. [Pa.], 554; Bank of Cass County v. Morrison, 17 Neb.,…
1Opinion of the Court
Ragan, C.
February 14, 1877, James Chamberlain owned a quarter section of land in Dixon county and on said date mortgaged it to the New England Mortgage Security Company to secure a note due February 14,1882, with interest thereon, payable annually. The note and mortgage provided that if Chamberlain made default for a certain number of days in the payment of any installment of annual interest when due the holder of the mortgage debt might declare the entire mortgage debt due, and upon *447such default and the exercise of such election that said mortgage debt should then become due. Chamberlain and…
2Cases cited20 opinions
- Parker v. KuhnNebraska Supreme Court · 1887
- Paramore v. LindseySupreme Court of Missouri · 1876
- Administrators of Beaman v. RussellSupreme Court of Vermont · 1848
- Morrow v. JonesNebraska Supreme Court · 1894
- Abbe v. GoodwinSupreme Court of Connecticut · 1829
15 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Maldaner v. SmithWisconsin Supreme Court · 1899
- Collins v. HughesNebraska Supreme Court · 1938
- Eayrs v. NasonNebraska Supreme Court · 1898
- Colby v. FoxworthyNebraska Supreme Court · 1907
- Barber v. Stromberg-Carlson Telephone Manufacturing Co.Nebraska Supreme Court · 1908
12 more not listed; retrieve them via the Exa API.