O'Connor v. Ætna Life Insurance
Nebraska Supreme Court
Error from the district court for Dodge county. Action by legatee to recover damages for failure to cancel mortgage given by testator. Plea of statute of limitations. Tried below before Grimison, J.
1Opinion of the Court
Duffie, C.
The plaintiff in error, who describes herself as “the sole heir and legatee of Matthew O’Connor,” brings this action to recover damages claimed to have been suffered on account of the failure of the defendant to satisfy and discharge a certain mortgage made by the plaintiff and ber deceased husband to one C. H. Toncray.
The facts appear to be that the O’Connors in 1885 borrowed 8450 from Toncray, securing their note therefor by real estate mortgage. Toncray sold the note and mortgage to Agnes S. Campbell, but no assignment of the mortgage was recorded, and the O’Connors had no…
2Cases cited2 opinions
- Bank of Hartford County v. WatermanSupreme Court of Connecticut · 1857
- Russell & Co. v. Polk County Abstract Co.Supreme Court of Iowa · 1893
3Cited by6 opinions
- Work v. United Globe MinesArizona Supreme Court · 1909
- Taylor v. Union Pac. R.District Court, D. Nebraska · 1903
- Red Men's Fraternal Accident Ass'n of America v. MerrittSuperior Court of Delaware · 1921
- Gaines v. MacArthurDistrict Court of Appeal of Florida · 1971
- Johnson v. FrebergSupreme Court of Minnesota · 1940
1 more not listed; retrieve them via the Exa API.