Bryant v. Carson River Lumbering Co.
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright, presiding. The facts are stated in the opinion so far as they relate to the'' points decided. There is no question as to the facts of a mortgage to Drew, and' a sale by him to defendants. A mortgagee after condition broken, may sell personal property.
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Appeal from the District Court of the Second Judicial District, Ormsby County, Hon. S. H. Wright, presiding. The facts are stated in the opinion so far as they relate to the'' points decided. There is no question as to the facts of a mortgage to Drew, and' a sale by him to defendants. A mortgagee after condition broken, may sell personal property. (2 Hilliard on Mortgages, 478; 8 N. H. 293 ; 8 Johns. 96 ; 9 Wend. 88-4 j 7 Cowen, 292.) Even if the sale was illegal at first, Bryant ratified it. Drew, as mortgagee, had no right to sell the property. Nor was the mortgage valid for any purpose, as…
1Opinion of the Court
Opinion by
Lewis, J., Beatty, C. J.,
concurring,
and Johnson, J.,
concurring specially.
It is claimed on behalf of respondent in this case, that in the absence of a statement on appeal this Court cannot extend its inquiries beyond the judgment roll, and as no error is apparent from that, the judgment must be affirmed. The record, however, contains the statement used on the motion for new trial, which purports to contain all the material evidence adduced upon the trial, together with an assignment of the errors complained of by appellant; and the appeal is taken, both from the judgment and the…
2Cases cited4 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Dewey v. BowmanCalifornia Supreme Court · 1857
- Wilson v. BrannanCalifornia Supreme Court · 1865
3Cited by6 opinions
- State v. ThompsonNevada Supreme Court · 1909
- Lee v. FoxIndiana Supreme Court · 1888
- 7912 Limbwood Court Trust v. Wells Fargo Bank, N.A.District Court, D. Nevada · 2013
- In Re GrantDistrict Court, D. Nevada · 2003
- Quinn v. QuinnNevada Supreme Court · 1903
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