Eaton v. Ryan
Nebraska Supreme Court
Error to the district court for Lancaster county, argued upon the following stipulation of facts: On the eleventh day of December, 1874, the defendant in error recovered a judgment, in the probate court in Lancaster county, for the sum of two hundred and sixty-one dollars and thirty-five cents, against Eaton and others.
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Error to the district court for Lancaster county, argued upon the following stipulation of facts: On the eleventh day of December, 1874, the defendant in error recovered a judgment, in the probate court in Lancaster county, for the sum of two hundred and sixty-one dollars and thirty-five cents, against Eaton and others. On the eighth day of December, 1874, the defendant in error caused a transcript of the judgment to be filed in the office of the clerk of the district court of said county. At the date of the filing of this transcript Eaton was the owner of two feet off the east side of lot…
1Opinion of the Court
Lake, Oh. J.
I. Upon the filing of the transcript of the judgment rendered by the probate court, in the office of the cleric of the district court, and its entry upon the judgment record, it became a lien upon the premises in question, notwithstanding they were then occupied by the judgment debtor as his homestead. A judgment so eirtered has precisely the same effect, and creates the same lien upon the real estate of the judgment debtor, as a judgment of the district court would have. General Statutes, 267, section 18. But this lien could not have been enforced by a sale of the premises under…
2Cases cited3 opinions
- Hoyt v. HoweWisconsin Supreme Court · 1854
- State Bank v. CarsonNebraska Supreme Court · 1876
- Laughlin v. SchuylerNebraska Supreme Court · 1871
3Cited by6 opinions
- Hansen v. JonesOregon Supreme Court · 1910
- McHugh v. SmileyNebraska Supreme Court · 1885
- Horbach v. SmileyNebraska Supreme Court · 1898
- Craig v. StevensonNebraska Supreme Court · 1884
- Rodgers v. First National BankMissouri Court of Appeals · 1900
1 more not listed; retrieve them via the Exa API.