Harter v. Twohig
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. February 27, 1858, Eugene L. Wilbur entered the west half of'the northeast quarter of section 33, township 29, range 9 east, .situated in Dakota County in the then Territory of Nebraska, paying therefor the- sum of $1.25 per acre.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. February 27, 1858, Eugene L. Wilbur entered the west half of'the northeast quarter of section 33, township 29, range 9 east, .situated in Dakota County in the then Territory of Nebraska, paying therefor the- sum of $1.25 per acre. On the same day Wilbur executed and delivered a trust deed to Augustus Kountze, as trustee, conveying said land to secure to Isaac Harter, the father of appellants, the payment of a promissory note for one hundred a,nd fdrt'y dollars, bearing that date and due one year thereafter, with…
1Opinion of the CourtChief Justice Fullee
In respect of the nature of a conveyance in mortgage at' common law, the legal title vested in the mortgagee and was forfeited upon default, but equity established the right of redemption after default. And, variously modified, where the common law .doctrine prevails, a mortgage is still regarded as a conveyance- in fee, although a conveyance as a security, while in many of the States this has been changed, chiefly by statute, so that a mortgage is regarded merely as a pledge. The common law, so far as applicable, and not inconsistent with the Constitution of the United States or the organic…
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- Karrick v. WetmoreCourt of Appeals for the D.C. Circuit · 1903
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