Nebraska Reports Volume 83

Nebraska Reports Volume 83

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...or ASSIGNEE8. Where successive chattel mortgages on a. specified number of cattle out of a greater number are given to the same mortgagee, such mortgagee acquires a right of selection, and where the mortgagee assigns the prior mortgage, it only retains the right of selection subject to the right of the first asslgnee. If it afterwards assigns the second mortgage, the second assignee takes the same subject to the right of the first assignee. South Omaha Nat. Bank v. McGillin. 77 Neb. 6, followed.---i-: i. lt is immaterial that the second mortgages were renewals of prior mortgages satisfied of record, or that there was an oral agreement between the mortgagor and the mortgagee that the releaseslplaced upon record should not take effect according to their terms. APPEAL from the district court for Chase county. ROBERT O. Oar, J UDGE. Aflirmcd. M0003; cents Olmstead, Charles W. Meeker, George L. Loomis and H. G. Maynard, for appellants. II. C'. Brome, P. W. Scott and Clinton Brome, contra. This case was before this court upon error from a judgment in favor of the defendant, and was reversed for the reasons given in an opinion by B.-m.: ss, J. South Omaha Nat. Bank 12. Mcfiillin, 77 Neb. 6. The second trial resulted in a verdict for plaintiff, and the defendant now appeals. A reference to the former opinion will disclose the facts presented at that hearing, and the rules of law there applied to the case. The defendant assigns errors in the admission of testimony, and the instructions of the court to the jury, while the plaintifi.' insists that the rules of law announced in the opinion referred to, applied to the facts developed upon the second trial, required the court to direct a verdict for the plaintiff. _ It appears thashow more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • United States
  • English
  • black & white illustrations
  • 1236906632
  • 9781236906632