Aultman & Taylor Co. v. Jenkins
Nebraska Supreme Court
Error to the district court for Richardson county. Tried below before Mitchell, J., sitting for Broady, J. cited: Watson v. Voorhees, 14 Kan., 328. Godfrey v. Thornton, 1 N. W. R., 362. Mnlloy v. Ingalls, 4 Neb., 115. White v. Gilbert, 10 Neb., 539. Harrison v. Mo-Whirtir, 12 Neb., 152. Tucker v. Allen, 16 Kán., 312. Jones v. Evans, 7 Dana, 96. Osterhout v. Shoemaker, 3 Hill, 513. Edgell v. Hagens, 5 N. W. R., 136.
1Opinion of the Court
Maxwell, Ch. J.
This action was brought by the plaintiff against the defendants to foreclose a certain mortgage upon real estate, which mortgage it is alleged in the petition was executed by the defendants upon their homestead. The defendants answer separately. Charles Jenkins, the husband, in his answer alleges that the mortgaged premises are a homestead and worth not to exceed $1,000; that by reason of sickness he was not in his right mind when he signed the mortgage, and the same was procured by the misrepresent*210ation of the plaintiff’s agent; that there was no consideration for the same,…
2Cited by15 opinions
- Teske v. DittbernerNebraska Supreme Court · 1903
- Whitlock v. GossonNebraska Supreme Court · 1892
- Meisner v. HillNebraska Supreme Court · 1912
- Gillette v. OberholtzerIdaho Supreme Court · 1928
- Prout v. BurkeNebraska Supreme Court · 1897
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