Johnson v. Badges Mill & Mining Co.
Nevada Supreme Court
Appeal from tbe District Court of the Eourtb Judicial District, Humboldt County. Tbe facts are sufficiently stated in tbe opinion. I. Tbe plaintiff bad tbe right to bave tbe status of tbe several liens determined in tbis action. II. Tbe court erred in bolding that actual notice by tbe lien-holders of tbe existence of plaintiff’s mortgage was not sufficient. (2 Hill on Beal Prop. [4 ed.], 676; 3 Wasbburne on Beal Prop. 282 et seq.; Stat. 1875, 122.) III.
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Appeal from tbe District Court of the Eourtb Judicial District, Humboldt County. Tbe facts are sufficiently stated in tbe opinion. I. Tbe plaintiff bad tbe right to bave tbe status of tbe several liens determined in tbis action. II. Tbe court erred in bolding that actual notice by tbe lien-holders of tbe existence of plaintiff’s mortgage was not sufficient. (2 Hill on Beal Prop. [4 ed.], 676; 3 Wasbburne on Beal Prop. 282 et seq.; Stat. 1875, 122.) III. There was no defect in tbe acknowledgment. An acknowledgment should be liberally construed. (2 Hill on Beal Prop. [4 ed.], 678; 8 Wallace,…
1Opinion of the Court
By the Court,
Hawley, C. J.:
The plaintiffs obtained a decree for the foreclosure of a mortgage against the property of the defendant, the Badger mill and mining company. They appealed from the judgment and claim that the court erred in refusing to admit their mortgage in evidence, as against certain lien-holders, who were made parties defendants in order that their rights might be heard and determined in this action; and that, under the issues raised by the pleadings, it was the duty of the court to determine the status of the several liens held by the respective parties. The mortgage in…
2Cases cited5 opinions
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
- Chandler v. SpearSupreme Court of Vermont · 1850
- Scharfenburg v. BishopSupreme Court of Iowa · 1872
- Wolf v. FogartyCalifornia Supreme Court · 1856
- Henderson v. GrewellCalifornia Supreme Court · 1857
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