State Bank v. Green
Nebraska Supreme Court
This is a petition in error brought to reverse an order of the district court for Washington county, made November 26, 1879, in an action brought to foreclose a mortgage made by John H. Green, in which the State Bank of Nebraska was plaintiff and John H. Green and John I. Redick were defendants.
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This is a petition in error brought to reverse an order of the district court for Washington county, made November 26, 1879, in an action brought to foreclose a mortgage made by John H. Green, in which the State Bank of Nebraska was plaintiff and John H. Green and John I. Redick were defendants. The action was commenced on the twenty-sixth day of April, 1876, and was brought to foreclose a mortgage made by the defendant Green to secure a note made by him to Redick, and by Redick indorsed to the plaintiff. A decree was rendered in the action on the twenty-ninth day of November, 1876. An order…
1Opinion of the CourtLake, J.
In the case of State Bank v. Green, 8 Neb., 297, this court held that the deficiency execution now in, controversy, under which Green’s property in Douglas county was seized and sold, was issued without authority of law, there being on file at the time of its issue an efficient supersedeas bond staying proceedings under the order of the court awarding it. The effect of that decision was to declare invalid the execution and all that was done under it. The purchasers of *134that property, therefore, acquired no rights as against Green, and the district court, under the mandate of this court, very…
2Cases cited7 opinions
- Gray v. BrignardelloSupreme Court of the United States · 1864
- McJilton v. LoveIllinois Supreme Court · 1851
- Receivers of the Bank of Circleville v. RenickOhio Supreme Court · 1846
- Loring v. IllsleyCalifornia Supreme Court · 1850
- State Bank v. GreenNebraska Supreme Court · 1879
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3Cited by11 opinions
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