Lounsbury v. Catron
Nebraska Supreme Court
This was an appeal by James H. Catron from a decree rendered against him in the district court for Otoe county, wherein he was impleaded with one McWilliams in an action brought by Lounsbury to foreclose a mortgage upon certain property in that county executed and delivered by said McWilliams. 1. It is a rule in chancery not affected by the code, that a party must recover according to the case made by his complaint, or not at all; “secundem allegata” as well as “probata.”
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This was an appeal by James H. Catron from a decree rendered against him in the district court for Otoe county, wherein he was impleaded with one McWilliams in an action brought by Lounsbury to foreclose a mortgage upon certain property in that county executed and delivered by said McWilliams. 1. It is a rule in chancery not affected by the code, that a party must recover according to the case made by his complaint, or not at all; “secundem allegata” as well as “probata.” No decree can be made in favor of a plaintiff on grounds not stated in his complaint, nor relief granted for matters not…
1Opinion of the CourtCobb, J.
Belus Lounsbury commenced his action in the district court of Otoe county to foreclose a mortgage on á certain tract of land in said county executed by William McWilliams. The petition is in the usual form against McWilliams as mortgagor, and several other defendants as subsequent incumbrancers — among the rest James H. Catron, whom the petition alleges “ has or pretends to have some claim or interest in said' mortgaged premises; but just what said claim is or how he acquired the same this plaintiff is not informed, but avers the fact to be that whatever right, title, interest, or claim the…
2Cases cited1 opinion
- Shellenbarger v. BiserNebraska Supreme Court · 1876
3Cited by8 opinions
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- Garza v. PerezCourt of Appeals of Texas · 1966
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