Richardson v. Campbell
Nebraska Supreme Court
Appeal from the district court for Johnson county. Heard below before Broady, J. All money paid to protect the title was added to and barred only with the debt itself. (Southard v. Dorrington, 18 Neb., 122; Sehoenheit v. Nelson, 16 Id., 237; Miller v. Hurford, 11 Id.,. 385.) The principle is also applied to the case of a mortgagee purchasing an outstanding title. (Comstock v. Michael, 17 Neb., 300.) Taxes are not debts in the ordinary sense of the term.
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Appeal from the district court for Johnson county. Heard below before Broady, J. All money paid to protect the title was added to and barred only with the debt itself. (Southard v. Dorrington, 18 Neb., 122; Sehoenheit v. Nelson, 16 Id., 237; Miller v. Hurford, 11 Id.,. 385.) The principle is also applied to the case of a mortgagee purchasing an outstanding title. (Comstock v. Michael, 17 Neb., 300.) Taxes are not debts in the ordinary sense of the term. (Nebraska City v. Gas Go., 9 Neb., 339; Millett v. Early, 16 Id., 268.) Land taxes in this state are a perpetual lien, even though a supposed…
1Opinion of the CourtMaxwell, J.
On February 11, 1888, the plaintiff filed a petition in the district court of Johnson county and afterwards, on May 10, 1888, filed an amended petition stating his cause of action to be: That on February 29, 1876, James A. Campbell, defendant, executed for value and delivered to Ann M. Shephard five promissory notes, one for $600, due five years after date, and four other notes for $60 each, due in two, three, four, and five years after date; that on the same date defendant, James A. Campbell, duly executed unto said Shephard a mortgage on N. of section 20, *646T. 4, R. 12, to secure said notes,…
2Cases cited6 opinions
- Johnson v. PayneNebraska Supreme Court · 1881
- Mix v. HotchkissSupreme Court of Connecticut · 1840
- Southard v. DorringtonNebraska Supreme Court · 1880
- Kellogg v. LavenderNebraska Supreme Court · 1883
- Mathews v. ToogoodNebraska Supreme Court · 1888
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3Cited by3 opinions
- Richardson v. CampbellNebraska Supreme Court · 1892
- Northwestern Mutual Life Insurance v. ButlerNebraska Supreme Court · 1898
- Steen v. StretchNebraska Supreme Court · 1897