Johnson v. Payne
Nebraska Supreme Court
Error from the district court for Otoe county. Tried below before Pound, J. Action by a mortgagee against mortgagor, after foreclosure, on the covenants to “ keep all taxes paid,” for moneys paid to redeem land from tax sale. The extinguishment of the debt extinguishes the mortgage for every available purpose.
Read the full summary
Error from the district court for Otoe county. Tried below before Pound, J. Action by a mortgagee against mortgagor, after foreclosure, on the covenants to “ keep all taxes paid,” for moneys paid to redeem land from tax sale. The extinguishment of the debt extinguishes the mortgage for every available purpose. Halsey v. Reed, 9 Paige, 446. Blunt v. Walker, 11 Wis., 348. Howry v. Hood, 12 Wis.,429. Jones on Mortgages, 77. Rawle on Cov., 459. Sherman v. Sherman, 3 Ind., 337. LeBeau v. Glaze, 8 La. Ann., 475. Hitchcock v. Merrick, 18 Wis., 357. The petition shows that in March, 1877, before .the…
1Opinion of the CourtLake, J.
The material averments of the petition were proved on the trial, and although presented in various forms the only really important question for our determination is whether they authorized the plaintiff below to recover the money demanded.
The only warrant for the payment of the taxes and the redemption of the land from the tax sale by Payne was derived from the mortgage. As mortgagee he had the right to make such payment and redemption, for the proper protection of his security, even independently of the express covenant in the mortgage that the mortgagor would do so. And the amount which he…
2Cases cited4 opinions
- Ferris v. CrawfordNew York Supreme Court · 1845
- Hitchcock v. MerrickWisconsin Supreme Court · 1864
- Cox v. WheelerNew York Court of Chancery · 1838
- Southard v. DorringtonNebraska Supreme Court · 1880
3Cited by16 opinions
- Stone v. TilleyTexas Supreme Court · 1907
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
- Wyoming Building & Loan Ass'n v. Mills Const. Co.Wyoming Supreme Court · 1928
- Horrigan v. WellmuthSupreme Court of Missouri · 1883
- Wood v. ButtonMichigan Supreme Court · 1919
11 more not listed; retrieve them via the Exa API.