Farrell v. Bouck

This is an appeal from a decree of tbe district court of Dixon county reinstating and enforcing, in favor of tbe plaintiff, Michael Farrell, a real estate mortgage which had been, through a mistake of fact, canceled and released of record. Farrell and the defendant, C. D. Ryan, were co-sureties upon a note given by Austin Bouck to the firm of Halstead & Kearney. The mortgage in question, which was executed by Bouck, was held by Ryan as an indemnity against loss resulting from his suretyship. After the note to Halstead & Kearney became due Farrell paid it and took from Ryan an assignment of…