Legal Opinion

Eckman v. Scott

Nebraska Supreme Court

Decided June 11, 1892PublishedCited by 8 opinions

Appeal from the district court for Pawnee county. Heard below before Broady, J. cited, as to married woman’s contract: Gillespie v. Smith, 20 Neb., 455; Bar-mum v. Young, 10 Id., 309. Homestead: State v. Griffey, 5 Neb., 173; Lehman v. Bryan, 67 Ala., 558; Smith v. Smith, 19 Neb., 706; Boss v. Hellyer, 26 Fed. Rep. [Ia.], 413; Baker v. Jamison, 36 N. W. Rep. [Ia.], 647; Kaes v. Gross, 1 Am.

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Appeal from the district court for Pawnee county. Heard below before Broady, J. cited, as to married woman’s contract: Gillespie v. Smith, 20 Neb., 455; Bar-mum v. Young, 10 Id., 309. Homestead: State v. Griffey, 5 Neb., 173; Lehman v. Bryan, 67 Ala., 558; Smith v. Smith, 19 Neb., 706; Boss v. Hellyer, 26 Fed. Rep. [Ia.], 413; Baker v. Jamison, 36 N. W. Rep. [Ia.], 647; Kaes v. Gross, 1 Am. St. Rep. [Mo.], 767. cited, as to homestead: Leonard v. Ingram, 58 la., 406; Stout v. Riff, 17 Neb., 469; Dennis v. Bank, 19 Id., 679; Graves v. Campbell, 12 S. W. Rep. [Tex.], 238; Porter v. Chapman, 4…

1Opinion of the Court

Maxwell, Ch. J.

In February, 1887, the defendants executed a note to the plaintiff for the sum of $201.80, and to secure the payment of the same executed a mortgage upon certain real estate in Pawnee City. This mortgage was foreclosed, and there being a lien prior to the plaintiff’s on the property, nothing was realized upon the mortgage from the sale. The sale was confirmed and a deficiency judgment, rendered against the defendants for the sum of $231.40, and this action was brought to subject the homestead of the defendants to the payment of such deficiency judgment, it being contended on…

2Cases cited1 opinion

  1. Payne v. . BurnhamNew York Court of Appeals · 1875

3Cited by8 opinions

  1. Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
  2. Quigley v. McEvonyNebraska Supreme Court · 1894
  3. Burns v. CooperCourt of Appeals for the Eighth Circuit · 1905
  4. Briggs v. First National BankNebraska Supreme Court · 1894
  5. Edwards v. ReidNebraska Supreme Court · 1894

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