Keeling v. Hoyt
Nebraska Supreme Court
Appeal from the district court for Richardson county. Heard below before Broady, J. Lincoln Land Co., cited : Spitznagle v. Vanhessch, 13 Neb., 338; Becker v. Anderson, 11 Id., 497. cited: Merriman v. Hyde, 9 Neb., 113; Wait, Eraud. Con., 146-7; Snell, Eq. [1st Am. Ed.], 35, 83; Perry, Trusts, 219, 220; 1 Story, Eq. Jur., secs. 108, 109, 4326 and 631; 2 Id., 1199; Frakes v. .Brown, 2 Blackf. [Ind.], 295.
1Opinion of the CourtNorval, J.
This is an action to foreclose a mortgage upon lots in the town of Rulo in Richardson county, given January 27, 1883, by T. C. Hoyt and wife to W. IT. Keeling. The Hoyts, The Lincoln Land Company, and numerous others were made defendants.
The Lincoln Land Company, claims title to a portion of the lots described in the mortgage by virtue of a warranty deed bearing date January 3, 1883, but which was not recorded until May 16, 1883. A decree of foreclosure was rendered as prayed, and the plaintiff’s mortgage was given priority over the deed to the Lincoln Land Company.
The only question raised in…
2Cases cited12 opinions
- Putnam v. StoryMassachusetts Supreme Judicial Court · 1882
- Aiken v. BruenIndiana Supreme Court · 1863
- Black v. ThorntonSupreme Court of Georgia · 1860
- Snowden v. TylerNebraska Supreme Court · 1887
- Hooker v. HammillNebraska Supreme Court · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
- Johnson v. NethNebraska Supreme Court · 2008
- Dawson County State Bank v. DurlandNebraska Supreme Court · 1926
- Holmes v. HullNebraska Supreme Court · 1897
- Sager v. SummersNebraska Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.