Kansas Manufacturing Co. v. Gandy
Nebraska Supreme Court
Appeal by plaintiff from a decree rendered in the district court for York county, dismissing plaintiff’s suit for the foreclosure of a mortgage: The answer does not set up any defense, consequently the plaintiff is entitled to a decree on the pleadings; it is defective in two essential particulars: 1st, it contains no plea of coverture, and 2d, it admits the execution and delivery of the deed or mortgage, in which case the consideration cannot be enquired into for the…
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Appeal by plaintiff from a decree rendered in the district court for York county, dismissing plaintiff’s suit for the foreclosure of a mortgage: The answer does not set up any defense, consequently the plaintiff is entitled to a decree on the pleadings; it is defective in two essential particulars: 1st, it contains no plea of coverture, and 2d, it admits the execution and delivery of the deed or mortgage, in which case the consideration cannot be enquired into for the purpose of avoiding it. Our position and claim is, that coverture must be pleaded, and that a bond and mortgage or any…
1Opinion of the Court
Maxwell, On. J.
This action was instituted in the district court of York county to foreclose a mortgage executed by Margaret O. Gandy upon her separate estate to secure a note executed by her husband. The defense is want of consideration. The court below found the issues in favor of the defendant and dismissed the action. The plaintiff appeals to this court.
It appears from the bill of exceptions that the defendant, Lemuel J. Gandy, had purchased wagons fro'm the plaintiff to the amount of about $6,000, giving his notes therefor, and that the note which the mortgage was given to secure was for…
2Cases cited2 opinions
- Conwell v. CliffordIndiana Supreme Court · 1873
- Smith v. NewtonIllinois Supreme Court · 1865
3Cited by11 opinions
- Continental Bank v. Barclay Riding Academy, Inc.Supreme Court of New Jersey · 1983
- Perry v. MillerMassachusetts Supreme Judicial Court · 1953
- National City Bank of Chicago v. WagnerCourt of Appeals for the Seventh Circuit · 1914
- Belcher v. YoungWashington Supreme Court · 1916
- Barnes v. Van KeurenNebraska Supreme Court · 1891
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