Beagle v. Miller
Nebraska Supreme Court
Error from the district court of Valley county. Tried below before Harrison, J. The facts are stated in the opinion. The mortgage was taken for a sum greatly in excess of the debt due the mortgagee, and for that reason is void as to creditors. (Pettibone v. Griswold, 4 Conn., 158; North v. Belden, 13 Id., 376 ; Hart v. Chalher, 14 Id., 77; Youngs v. Wilson, 24 Barb. [N. Y.], 510; Divver v. McLaughlin, 2 Wend. [N. Y.], 596; Bailey y.
Read the full summary
Error from the district court of Valley county. Tried below before Harrison, J. The facts are stated in the opinion. The mortgage was taken for a sum greatly in excess of the debt due the mortgagee, and for that reason is void as to creditors. (Pettibone v. Griswold, 4 Conn., 158; North v. Belden, 13 Id., 376 ; Hart v. Chalher, 14 Id., 77; Youngs v. Wilson, 24 Barb. [N. Y.], 510; Divver v. McLaughlin, 2 Wend. [N. Y.], 596; Bailey y. Burton, 8 Id., 339; Butts v. Peacock, 23 Wis., 360.) A mortgage which is executed not alone to secure an indebtedness to the mortgagee but to protect the property…
1Opinion of the Court
Maxwell, Gel J.
This is a contest between creditors of one Emil J. Eogth. It appears from the record that in April, in the year 1890, Fogth was indebted to Miller in the sum of $385. This was secured by a mortgage upon his stock of hardware. This mortgage was informal. The testimony also tends to-show that during the same month Miller signed two notes *857with Fogth, one for $369 and one for $282; that in April, 1890, Miller bought a tract of land of Fogth upon which there were mortgages, one for $1,400 and one for $300, and one for $200; that payments were made on the $1,400' so that it was…
2Cited by3 opinions
- State Bank v. O. S. Kelley Co.Nebraska Supreme Court · 1896
- Devin v. Connecticut Mut. Life Ins. Co.Supreme Court of Oklahoma · 1916
- Dorr v. MeyerNebraska Supreme Court · 1897