S. H. Ransom & Co. v. Schmela
Nebraska Supreme Court
Error to the district court of Cuming county. Tried below before Barnes, J. The life of Bergtold’s mortgage having limited in advance to one year it ceased to be of any forcé whatever as against the plaintiffs in error after that time, and the repeal of the law under which it was recorded could not have operated to give, it new life, as its life had been limited to one year, unless, etc., and the policy of our law has been to require such instruments to be recorded.
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Error to the district court of Cuming county. Tried below before Barnes, J. The life of Bergtold’s mortgage having limited in advance to one year it ceased to be of any forcé whatever as against the plaintiffs in error after that time, and the repeal of the law under which it was recorded could not have operated to give, it new life, as its life had been limited to one year, unless, etc., and the policy of our law has been to require such instruments to be recorded. The Bergtold mortgage died at the end of one year of the date of record, so far as we are concerned, or it lives forever. Even…
1Opinion of the Court
Lake, Ci-i. J.
The action in the district court was brought by the defendant in error to recover possession of certain personal property claimed by him under a chattel mortgage executed to his intestate by one Andrew Herman. The plaintiffs in error, who on their own motion were made parties defendant in the court below, also claim the property by virtue of a subsequent mortgage from the same party. The first of these mortgages was given January 26th, 1877, and the other January 15th, 1878. The one represented by the defendant in -error, therefore, was prior *76in point of time, and a first lien…
2Cases cited3 opinions
- Gregory v. ThomasNew York Supreme Court · 1838
- Hill v. . BeebeNew York Court of Appeals · 1856
- Wamsley v. CrookNebraska Supreme Court · 1874
3Cited by13 opinions
- Overstreet v. ManningTexas Supreme Court · 1887
- Kroh v. HeinsNebraska Supreme Court · 1896
- Ayre v. HixsonOregon Supreme Court · 1908
- Fincham Ex Rel. Fincham v. MuellerNebraska Supreme Court · 1958
- Wylie v. CharltonNebraska Supreme Court · 1895
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