Simmons Hardware Co. v. Brokaw
Nebraska Supreme Court
Error to tbe district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. 1. The defendant, John T. Brokaw, waived his mortgage security by bringing action on the promissory note secured by said mortgage, obtaining judgment thereon and failing to have an execution issued on the same, and returned unsatisfied in whole or in part, and showing that said defendant has no property whereof to satisfy such execution, except the mortgaged…
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Error to tbe district court for Adams county. Tried below before Gaslin, J. The case is stated in the opinion. 1. The defendant, John T. Brokaw, waived his mortgage security by bringing action on the promissory note secured by said mortgage, obtaining judgment thereon and failing to have an execution issued on the same, and returned unsatisfied in whole or in part, and showing that said defendant has no property whereof to satisfy such execution, except the mortgaged premises. Gen. Statutes, Neb., page 656, Sec. 851. 1 Washburn on Real Property, 586. Cooper v. Bresler, 9 Mich., 534. Dennis v.…
1Opinion of the Court
Maxwell, Ch. J.
On the twenty-fifth day of August, 1874, Jacob T. Lansing and wife executed and delivered to the plaintiff in error a mortgage upon lot eight, in block twenty-six, in the town of Hastings, to secure the payment of the sum of $1,216.95, which mortgage was filed for record at eleven o’clock a.m. of said day. On the same day Lansing and wife executed and delivered to Paren England a mortgage on the same premises, to secure the payment of a promissory note for the sum of $350, which mortgage was filed for record at ten o’clock a.m. of the day upon which it was executed.
On the…
2Cases cited2 opinions
- A. C. Rudolf & Co. v. R. L. McDonald & Co.Nebraska Supreme Court · 1877
- Gregory v. HartleyNebraska Supreme Court · 1877
3Cited by3 opinions
- Carter v. Tanners Leather Co.Massachusetts Supreme Judicial Court · 1907
- Ballou v. BlackNebraska Supreme Court · 1885
- Federal Farm Mortgage Corp. v. AdamsNebraska Supreme Court · 1942