Merriman v. Hyde
Nebraska Supreme Court
Appeal from the district court of Lancaster county. The petition filed in the action was as follows: The above named plaintiff complains of the above named defendant for that on and before the 11th day of March, 1872, Thomas H. Hyde, then of Lancaster county, in the state of Nebraska, was the owner, and lawfully possessed of the following described real estate, situate in said county, to-wit: Lot four in block 86, and lots one and two in block 84, excepting 20 feet off of…
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Appeal from the district court of Lancaster county. The petition filed in the action was as follows: The above named plaintiff complains of the above named defendant for that on and before the 11th day of March, 1872, Thomas H. Hyde, then of Lancaster county, in the state of Nebraska, was the owner, and lawfully possessed of the following described real estate, situate in said county, to-wit: Lot four in block 86, and lots one and two in block 84, excepting 20 feet off of the south end of said lots one and two, in the city of Lincoln. That on the day and year last aforesaid Thomas H. Hyde,…
1Opinion of the CourtLake, J.
Does the petition state facts sufficient to constitute a cause of action ? Although it may be true, as contended by the defendant, that the object of its framers was ostensibly to quiet the title obtained through the foreclosure sale, still it does not follow because it is inadequate for this purpose that it is not sufficient for some other kind of relief.
The subject matter of this litigation ought to have been included and settled in the foreclosure suit. Indeed, the defendant, who is the son of the mortgagor, was made a party to that action, but for some unaccountable reason there was a…
2Cited by5 opinions
- Dodge v. Omaha & Southwestern R. R.Nebraska Supreme Court · 1886
- Genau v. AbbottNebraska Supreme Court · 1903
- Keeling v. HoytNebraska Supreme Court · 1891
- Monroe v. HansonNebraska Supreme Court · 1896
- Fisk v. OsgoodNebraska Supreme Court · 1899