Beisel v. Artman
Nebraska Supreme Court
Appeal from Cuming county. It was an action for the foreclosure of a mortgage on a petition filed in the district court by the appellant April 1, 1879. The mortgage debt is evidenced by a promissory note for $1,000, dated July 1, 1876, payable in five years after date, and bearing interest from date at 10 per cent, interest payable annually.
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Appeal from Cuming county. It was an action for the foreclosure of a mortgage on a petition filed in the district court by the appellant April 1, 1879. The mortgage debt is evidenced by a promissory note for $1,000, dated July 1, 1876, payable in five years after date, and bearing interest from date at 10 per cent, interest payable annually. The mortgage had a condition therein, that “if any interest thereon is not paid when the same is due, in that case the whole of said sum, and interest shall and by this indenture does immediately 'become due and payable, or if the taxes * * * which are…
1Opinion of the CourtLake, J.
It is evident that the district court, in staying or modifying its decree of foreclosure, misapprehended the object and scope of sec. 857 of the code of civil procedure, which provides that: “ If after a decree for sale entered against a defendant in such case ” (a case of foreclosure simply for interest, or a portion of the principal that has become due), “ he shall bring into court the principal and interest due, with costs, the proceedings in the suit shall be stayed, but the *183court shall enter a decree of foreclosure and sale, to be enforced by a further order of the court, upon a…
2Cited by3 opinions
- UNITED BENEFIT LIFE INSURANCE COMPANY v. HolmanNebraska Supreme Court · 1964
- Crawford v. HouserNebraska Supreme Court · 1926
- Farmers Loan & Trust Co. v. PlanckNebraska Supreme Court · 1915