Adams v. Nebraska City National Bank
Nebraska Supreme Court
Error to the district court for Otoe county. Scofield c& Ireland, for plaintiff in error, said that in the cases relied upon by the defendant, the mortgage was the only evidence of the debt, with no provision that in case of default the mortgagee was to do anything except take possession of the property in payment of his debt if he saw fit to do so. Such is not the case at bar.
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Error to the district court for Otoe county. Scofield c& Ireland, for plaintiff in error, said that in the cases relied upon by the defendant, the mortgage was the only evidence of the debt, with no provision that in case of default the mortgagee was to do anything except take possession of the property in payment of his debt if he saw fit to do so. Such is not the case at bar. Here the evidence of indebtedness is three promissory notes, and the mortgage was given as collateral thereto upon conditions to be performed by the mortgagee, as well as the mortgagor, in case of default in paying the…
1Opinion of the CourtMaxwell, J.
The plaintiff filed his petition in the district court of Otoe county, alleging that “on or about the eighteenth day of June 1874, Jacob Shoff, late of Otoe county, Nebraska, deceased, made and executed a chattel mortgage to the said plaintiff to secure the sum of $2125, which mortgage was duly recorded in the office of the clerk of Otoe county, Nebraska, on the nineteenth day of June 1874, and by the terms thereof, the sum of $1687.12 *374is now due thereon; that default has been made in the payment of the last named sum, which is now due and payable, and no proceedings have been had for the…
2Cases cited4 opinions
- Charter v. StevensNew York Supreme Court · 1846
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Tallon v. John B. Ellison & SonsNebraska Supreme Court · 1873
- Ackley v. FinchNew York Supreme Court · 1827
3Cited by6 opinions
- M. P. Musser & Co. v. KingNebraska Supreme Court · 1894
- Tompkins v. BatieNebraska Supreme Court · 1881
- Strahle v. First National BankNebraska Supreme Court · 1896
- Platte Valley Cattle Co. v. Bosserman-Gates Live Stock & Loan Co.Court of Appeals for the Eighth Circuit · 1912
- Murray v. LoushmanNebraska Supreme Court · 1896
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