Mansfield v. Gregory
Nebraska Supreme Court
Error from Lancaster county district court. The lien obtained by the levy of an execution or attachment is a specific lien; and for that reason, inasmuch as it indicates that the creditor elects to satisfy from that specific property, and probably for a further reason that the levy is in the nature of a purchase through an officer, being accompanied with cost and expense to the credit- or, whenever the matter has been reviewed, it is deemed a lien of higher character than…
Read the full summary
Error from Lancaster county district court. The lien obtained by the levy of an execution or attachment is a specific lien; and for that reason, inasmuch as it indicates that the creditor elects to satisfy from that specific property, and probably for a further reason that the levy is in the nature of a purchase through an officer, being accompanied with cost and expense to the credit- or, whenever the matter has been reviewed, it is deemed a lien of higher character than the general lien of a judgment which attaches without act of the creditor, and by mere operation of law. At the time of…
1Opinion of the Court
Maxwell, Ch. J.
This is an action to quiet title. The petition alleges that in the year 1869, Allen M. Ghost, as the agent of *434the plaintiff, purchased lot fourteen, in block fifty-four, in the city of Lincoln, and paid for the same with money belonging to the plaintiff, but took .the deed of conveyance in his own name. The deed was recorded on the seventh day of July, 1874. On the eighth day of January of that year, Ghost conveyed the lot in question to the plaintiff by a deed of general warranty. Erom some cause which does not clearly appear, this deed was not recorded until the nineteenth…
2Cases cited1 opinion
- Galway, Semple & Co. v. MalchowNebraska Supreme Court · 1878
3Cited by17 opinions
- Shirk v. ThomasIndiana Supreme Court · 1889
- Harral v. GrayNebraska Supreme Court · 1880
- Roberts v. RobinsonNebraska Supreme Court · 1896
- Sheasley v. KeensNebraska Supreme Court · 1896
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
12 more not listed; retrieve them via the Exa API.