Weldon v. Tollman
Court of Appeals for the Eighth Circuit
Appeal-from the Circuit Court of the United States for the District of Nebraska. This was a bill filed by J. B. Tollman, tbe appellee, against John W. Weldon, the Colonial & United States Mortgage Company, Limited, and Atlee Hart, the appellants, and against certain other defendants, who have not appealed, to foreclose a deed of trust in the nature of a mortgage on certain lands situated in the county of Dakota, state of Nebraska.
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Appeal-from the Circuit Court of the United States for the District of Nebraska. This was a bill filed by J. B. Tollman, tbe appellee, against John W. Weldon, the Colonial & United States Mortgage Company, Limited, and Atlee Hart, the appellants, and against certain other defendants, who have not appealed, to foreclose a deed of trust in the nature of a mortgage on certain lands situated in the county of Dakota, state of Nebraska. The deed of trust was executed on April 1, 1885, by Margalissa Nordyke and her husband, wEo then owned the land in controversy. It conveyed said land to J. M. Dunn,…
1Opinion of the CourtThayer, Circuit Judge
The sole questions at issue are: First, whether, on the state of facts aforesaid, the payment made by the appellant John H. Weldon to J. M. Dunn, the trustee in the deed of trust, operated to extinguish the note thereby secured; and, second, whether the deed of release or quitclaim which was executed by the trustee operated to relieve the premises conveyed of the lien of the deed of trust thereon, so far as the appellants the Colonial ■& United States Mortgage Company and Atlee Hart are concerned, it being conceded that the former became a mortgagee and the latter a purchaser of the property…
2Cases cited10 opinions
- Williams v. JacksonSupreme Court of the United States · 1883
- Hagerman v. SuttonSupreme Court of Missouri · 1887
- Stiger v. BentIllinois Supreme Court · 1884
- Keohane v. SmithIllinois Supreme Court · 1880
- Insurance Co. v. EldredgeSupreme Court of the United States · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Day v. BrentonSupreme Court of Iowa · 1897
- Leahy v. HaworthCourt of Appeals for the Eighth Circuit · 1905
- Meyer v. RitterCourt of Appeals for the Eighth Circuit · 1920
- Swift v. Bank of WashingtonCourt of Appeals for the Eighth Circuit · 1902
- Thal v. Credit Alliance Corp.Court of Appeals for the D.C. Circuit · 1935
4 more not listed; retrieve them via the Exa API.