Baldwin v. Burt
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Iryine, J. The opinion contains a statement of the case. The copy of the mortgage should be admitted in evidence and considered. (Minor v. Tillotson, 7 Pet. [U. S.], 99; Proprietors of Braintree v. Battles, 6 "Vt., 399; Peay v. Picket, 3 McCord [S. Car.], 322.) The mortgage is not fraudulent, and if it were, the defendants cannot complain.
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Appeal from the district court of Douglas county. Heard below before Iryine, J. The opinion contains a statement of the case. The copy of the mortgage should be admitted in evidence and considered. (Minor v. Tillotson, 7 Pet. [U. S.], 99; Proprietors of Braintree v. Battles, 6 "Vt., 399; Peay v. Picket, 3 McCord [S. Car.], 322.) The mortgage is not fraudulent, and if it were, the defendants cannot complain. (Burt v., Baldwin, 8 Neb., 487; Freeman v. Auld, 44 N. Y., 50; Wiltsie, Mortgage Foreclosure, sec. 395; Bradley v. Snyder, 14 111., 263; Green v. Dixon, 9 Wis., 532*; Snyder v. Warren, 2…
1Opinion of the CourtPost, J.
On the 4th day of May, 1875, John Gallagher executed in favor of the defendant, Wellington R. Burt, a mortgage, whereby he conveyed to the latter certain real estate in Douglas county to secure an indebtedness of $20,000. On the 10th day of August, 1875, Matthew Baldwin, who had in the meantime acquired the title to said property by deed from Gallagher, conveyed the same by mortgage to Morgan Baldwin, to secure payment of a note of even date therewith for $12,500, payable six years from date, with annual interest at six per cent. Said mortgage was executed in the state of Illinois and…
2Cases cited11 opinions
- Freeman v. . AuldNew York Court of Appeals · 1870
- Parker v. KuhnNebraska Supreme Court · 1887
- Bowman v. GriffithNebraska Supreme Court · 1892
- Bradley v. SnyderIllinois Supreme Court · 1853
- Connell v. GalligherNebraska Supreme Court · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Arlington State Bank v. PaulsenNebraska Supreme Court · 1899
- Grand View Building Ass'n v. Northern Assurance Co.Nebraska Supreme Court · 1905
- Eayrs v. NasonNebraska Supreme Court · 1898
- Names v. NamesNebraska Supreme Court · 1896
- Justice v. ShawNebraska Supreme Court · 1919
9 more not listed; retrieve them via the Exa API.