Legal Opinion

Shellenbarger v. Biser

Nebraska Supreme Court

Decided July 15, 1876PublishedCited by 14 opinions

Appeal from Nemalia County. . Plaintiff, as executor of the estate of William D. Shell enbarger, brought the action to foreclose a mortgage made by Julia A. Biser to William D. Shellenbarger, February 21, 1872, on lot one, in block six, in Brown’s addition to the city of Brownville, and recorded at four o’clock p. m. of the same day, and made Julia A. Biser, Forest K. Biser, and Cyrus W. Wheeler defendants.

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Appeal from Nemalia County. . Plaintiff, as executor of the estate of William D. Shell enbarger, brought the action to foreclose a mortgage made by Julia A. Biser to William D. Shellenbarger, February 21, 1872, on lot one, in block six, in Brown’s addition to the city of Brownville, and recorded at four o’clock p. m. of the same day, and made Julia A. Biser, Forest K. Biser, and Cyrus W. Wheeler defendants. Julia A. Biser is served by publication only, and neither made any appearance nor defense in the action, and decree was taken against her by default. Defendant Wheeler answered, setting up…

1Opinion of the CourtMaxwell, J.

On the trial of the cause in the court below, it having been made to appear that Forest K. Biser, one of the defendants, was but sixteen years of age, the court appointed a guardian ad litem, who answered the petition of the plaintiff, denying all the facts therein stated. And, as a further answer, the'defendant says: “that, before any of the transactions mentioned in the petition or in the cross petition of the defendant Wheeler, to-wit: about the fall of the year 1871, this defendant bought the property described in the petition of Fanny J. *199Ebright, who was at that time the owner thereof;…

2Cited by14 opinions

  1. Freer v. DavisWest Virginia Supreme Court · 1902
  2. Lincoln Joint Stock Land Bank v. BarnesNebraska Supreme Court · 1943
  3. Masters v. TempletonIndiana Supreme Court · 1884
  4. Young v. BrandNebraska Supreme Court · 1884
  5. Armstrong v. MayerNebraska Supreme Court · 1903

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