Farrell v. Bouck

This is a rehearing of the case reported in 60 Nebr., 771. An examination of the record, and arguments of counsel, convinces us that the former opinion is right, and must stand. One who, through culpable inertness, fails to make inquiry when it is his duty to do so, is not in a position to have a release of a mortgage canceled on the ground of mistake. Washburn v. Osgood, 38 Nebr., 804; Rice v. Winters, 45 Nebr., 517. There is no averment in the petition, nor finding of fact, that plaintiff examined the record to ascertain whether there were any liens on the land subsequent to that of the…