Legal Opinion

Lincoln Building & Saving Ass'n v. Graham

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 13 opinions

Tins was an appeal from a decree rendered in the district court for Lancaster county. Tried below before Pound, J\, who found the amount due plaintiffs to be the sum of $220.38, and that there was still to become due from the defendant Graham the sum of $10.17 per month, for each and every month yet to elapse before the stock in the plaintiffs’ association shall become of the value of $200 per share.

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Tins was an appeal from a decree rendered in the district court for Lancaster county. Tried below before Pound, J\, who found the amount due plaintiffs to be the sum of $220.38, and that there was still to become due from the defendant Graham the sum of $10.17 per month, for each and every month yet to elapse before the stock in the plaintiffs’ association shall become of the value of $200 per share. A decree was accordingly rendered directing the sale of the mortgaged premises, to satisfy said sum of $220.38, the surplus, if any, to be retained in court to abide the further order thereof;…

1Opinion of the Court

Gantt, Ch. J.

This is an appeal from a decree rendered in an action to foreclose a mortgage. The plaintiff claims to be a corporation, organized under the general incorporation laws of this state. Prom the record in the case, it appears that the defendant was a shareholder in the association of ten shares of stock; that he purchased one thousand dollars, being equal in amount to five shares of stock; that he executed the mortgage in question in the case to plaintiff for the sum of one thousand dollars, but actually, received on the loan only $517.60, and that the balance of the one thousand…

2Cases cited2 opinions

  1. Richards v. KountzeNebraska Supreme Court · 1876
  2. Melville v. American Benefit Building Ass'nNew York Supreme Court · 1860

3Cited by13 opinions

  1. In Re the Guardianship of CoburnCalifornia Supreme Court · 1913
  2. Davis v. General Motors Acceptance CorporationNebraska Supreme Court · 1964
  3. Fidelity Savings Ass'n v. SheaIdaho Supreme Court · 1899
  4. Livingston Loan & Building Ass'n v. DrummondNebraska Supreme Court · 1896
  5. State ex rel. Benton v. ElderNebraska Supreme Court · 1891

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