Legal Opinion

Oak Creek Valley Bank v. Helmer

Nebraska Supreme Court

Decided November 9, 1899No. 9,021PublishedCited by 2 opinions

Appeal from the district court of Saunders county. Heard below before Sedgwick, J. The, opinion contains a statement of the case. A deed given to secure a debt passes the legal title to the land. See Gallagher v. Giddings, 33 Nebr., 222; Harrington v. Birdsall, 38 Nebr., 176; Stall v. Jones, 47 Nebr., 706. A higher security is a substitute for the lower, and extinguishes the latter.

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Appeal from the district court of Saunders county. Heard below before Sedgwick, J. The, opinion contains a statement of the case. A deed given to secure a debt passes the legal title to the land. See Gallagher v. Giddings, 33 Nebr., 222; Harrington v. Birdsall, 38 Nebr., 176; Stall v. Jones, 47 Nebr., 706. A higher security is a substitute for the lower, and extinguishes the latter. See MeKnaughton v. Partridge, 11 O. 233; Kneeland v. Moore, 138 Mass., 198; Williamson v. Cline, 20 S. E. Rep. [W. Ya.], 917; Belleville Savmgs Bank v. Reis, 136 111., 242; Lyman v. Gedney, 29 N. E. Rep. [111.],…

1Opinion of the CourtHarrison, C. J.

In this, an appeal from a decree of the district court of Saunders county, the controversy in this court is between the Oak Creek Yalley Bank and the American Exchange National Bank of Lincoln, and the question is one of the priority of liens on some real estate situate , in Saunders county. The liens claimed by the latter party were prior of date and evidenced by mortgages, one of which was in form an absolute deed. The lien asserted by appellant was that of a judgment, and in this action it sought, on equitable grounds, to have it declared prior to that of the appellee, but was in the trial…

2Cases cited1 opinion

  1. Lowman v. LowmanIllinois Supreme Court · 1886

3Cited by2 opinions

  1. Losleben v. LoslebenSupreme Court of Minnesota · 1937
  2. Whelan v. City of PlattsmouthNebraska Supreme Court · 1910

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