Ward v. Beals
Nebraska Supreme Court
Error to the district court for Lancaster county. The action was one to foreclose a mortgage given by S. D. Beals to plaintiff in 1871. The defense was in substance that Beals had paid the note, which the mortgage was given to secure, to Robinson, attorney for Joseph Ward, the husband of plaintiff, and on trial below before Pound, J., defendant had judgment.
1Opinion of the Court
Lake, Ch. J.
On a careful examination of this record, we are entirely satisfied with the result reached in the district court. It is perfectly clear to our minds that the mortgage debt was paid, the note canceled and returned to the maker, and the mortgage handed over by Robinson to the purchaser of the lots, with the promise that it should be released. And in making the arrangements which he did with Beals, to raise the money by taking to himself a conveyance of the lots and disposing of them as he did, there is not a particle of doubt that Robinson was fully authorized by Joseph Ward, the…
2Cases cited1 opinion
- Delaney v. ErricksonNebraska Supreme Court · 1880
3Cited by1 opinion
- Westinghouse Co. v. TildenNebraska Supreme Court · 1898