Gillespie v. Switzer
Nebraska Supreme Court
Error from the district court of Lancaster county. Tried below before Hall, J. Execution sale of real estate is not justified under a dormant money judgment. (Hervey v. Edens, 6 S. W. Rep. [Tex.], 806; Barron v. Thompson, 54 Tex., 235; Norton v. Beaver, 5 O., 178; Miner v. Wallace, 10 O., 403; Bassett v. Proetzel, 53 Tex., 569; Deutsch v. Allen, 57 Tex., 89; Smith v. Dickson, 9 Ga., 400; Moseley v. Sanders, 76 Ga., 293; Hoskins v. Helm, 14 Am.
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Error from the district court of Lancaster county. Tried below before Hall, J. Execution sale of real estate is not justified under a dormant money judgment. (Hervey v. Edens, 6 S. W. Rep. [Tex.], 806; Barron v. Thompson, 54 Tex., 235; Norton v. Beaver, 5 O., 178; Miner v. Wallace, 10 O., 403; Bassett v. Proetzel, 53 Tex., 569; Deutsch v. Allen, 57 Tex., 89; Smith v. Dickson, 9 Ga., 400; Moseley v. Sanders, 76 Ga., 293; Hoskins v. Helm, 14 Am. Dec. [Ky.], 133; Godbold v. Lambert, 70 Am. Dec. [S. Car.], 192; Stone v. Gardner, 20 111., 304.) The same rule applies to judgments at law and decrees…
1Opinion of the Court
Ryan, C.
This action was brought in the district court of Lancaster county to recover possession of a certain described tract of land, together with rents which had accrued during its alleged detention. A jury was waived, and, upon a trial had, there was a judgment in favor of the defendant. Both parties claimed title through George H. Baker, who in 1873 owned the real property with reference to which this suit was begun. On September 13 of the year last named the property was mortgaged by Baker to Sloss & Smith. On the 20th day of April, following, Baker conveyed the aforesaid property to…
2Cases cited6 opinions
- Richey v. MerrittIndiana Supreme Court · 1886
- Yeager v. WrightIndiana Supreme Court · 1887
- Mavity v. EastridgeIndiana Supreme Court · 1879
- Eddy v. ColdwellOregon Supreme Court · 1892
- Martin v. PratherIndiana Supreme Court · 1882
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3Cited by7 opinions
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- Flint v. ChaloupkaNebraska Supreme Court · 1904
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- Link v. ConnellNebraska Supreme Court · 1896
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