Scudder v. Sargent
Nebraska Supreme Court
Appeal from the district court of Lancaster county. The plaintiff had judgment before Pound, J., in the district court of Cass county on the 21st day of November, 1879, declaring the title to the north half of the northwest quarter of section 30, in township 11 north, of range 9 east in Cass county to be in her, and that defendant Sargent had no interest therein.
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Appeal from the district court of Lancaster county. The plaintiff had judgment before Pound, J., in the district court of Cass county on the 21st day of November, 1879, declaring the title to the north half of the northwest quarter of section 30, in township 11 north, of range 9 east in Cass county to be in her, and that defendant Sargent had no interest therein. On the 7th day of January, 1880, Sargent by his attorneys served a notice on plaintiff of a* motion to open the said judgment under sec. 82 of the civil code. On the 31st day of January, 1880, plaintiff conveyed the land to…
1Opinion of the Court
Lake, Ch. J.
This case must be disposed of by a consideration of the right of a purchaser in good faith of land under a judgment subsequently opened pursuant to sec. 82 of the code ■of civil procedure, and reversed. The merits of that judgment, as between the original parties to the suit, are not involved in this inquiry.
The section in question provides that: “Aparty against whom a judgment or order has been rendered, without other service than by publication in a newspaper, may, within Eve years after the date of the judgment or order, have the same opened and be let in to defend; before the…
2Cited by5 opinions
- Cushing v. CummingsSupreme Court of Oklahoma · 1919
- Citizens State Bank v. HaymesNebraska Supreme Court · 1898
- McCormack v. MurrayNebraska Supreme Court · 1937
- Watson v. UlbrichNebraska Supreme Court · 1885
- Hollister v. MannNebraska Supreme Court · 1894