Legal Opinion

Farmers Loan & Trust Co. v. Memminger

Nebraska Supreme Court

Decided April 10, 1896No. 6414PublishedCited by 7 opinions

Error from the district court of Madison county. Tried below before Allen, J. The warrants attached to the tax-books were not liens on the property in controversy when the mortgages were given. (Hill v. Figley, 23 Ill., 418; Binkert v. Wabash R. Go., 98 Ill., 218; Ream v. Stone, 102 Ill., 364; Hill v. Palmer, 32 Neb., 632.)

1Opinion of the CourtNorval, J.

On the 13th day of December, 1888, James McMahon executed a chattel mortgage on certain personal property to the plaintiff, the Farmers Loan & Trust Company, to secure the payment of $500, which was the next day duly filed in the county clerk’s office of Madison county. To secure the said sum, on October 9, 1889, McMahon executed another mortgage to the plaintiff upon the same property described in the prior mortgage, and also *18a pony and colt, and a copy of the instrument was duly filed the following day. Personal taxes were legally assessed and levied against said McMahon in Madison county…

2Cases cited3 opinions

  1. Clarke v. LyonNebraska Supreme Court · 1908
  2. Terry v. Beatrice Starch Co.Nebraska Supreme Court · 1895
  3. Ledwich v. ConnellNebraska Supreme Court · 1896

3Cited by7 opinions

  1. In Re Ever Krisp Food Products Co.Michigan Supreme Court · 1943
  2. Landis Machine Co. v. Omaha Merchants Transfer Co.Nebraska Supreme Court · 1942
  3. Mills v. County of ThurstonWashington Supreme Court · 1897
  4. Crawford v. KochMichigan Supreme Court · 1912
  5. Midland Guaranty & Trust Co. v. Douglas CountyCourt of Appeals for the Eighth Circuit · 1914

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