Goble v. Brenneman
| Court | Nebraska Supreme Court |
| Writing for the Court | PER CURIAM. |
| Citation | 75 Neb. 309,106 N.W. 440 |
| Decision Date | 20 December 1905 |
| Parties | GOBLE v. BRENNEMAN ET AL. |
75 Neb. 309
106 N.W. 440
GOBLE
v.
BRENNEMAN ET AL.
Supreme Court of Nebraska.
Dec. 20, 1905.
Where a mortgage lien exists upon a tract of land claimed as a homestead, and the mortgage debt is paid by the proceeds arising from a loan secured by a new mortgage on the same land, the interest of the claimant being at all times less than $2,000 in value, and the homestead is sold to a third person while thus incumbered, the transcript of a judgment filed while the first mortgage was in force does not become a lien upon the premises. France v. Hohnbaum (Neb.) 102 N. W. 75, followed.
The return of an officer as to service of process may be impeached by extrinsic evidence.
Commissioners' Opinion. Department No. 1. Appeal from District Court, Adams County; Adams, Judge.
Action by A. Goble against M. V. Brenneman and others. Judgment for defendants, and plaintiff appeals. Affirmed.
[106 N.W. 440]
J. W. James, for appellant.
John M. Ragan, for appellees.
LETTON, C.
Two judgments were rendered in justice's court in Adams county, in January, 1896, against M. V. Brenneman and Ida Brenneman, his wife, transcripts of which were at once filed in the office of the clerk of the district court of that county for the purpose of procuring a lien upon the real estate of the defendants. Executions were issued soon after the rendition of the judgments and filing of the transcripts and returned nulla bona. The defendants occupied certain real estate as a homestead, which was of the value of $3,100, and was incumbered by a mortgage to the Eastern Banking Company in the sum of $1,400. On the 1st day of April, 1899, the Brennemans borrowed from the Nebraska Loan & Trust Company the sum of $1,550 for the purpose of paying the debt to the Eastern Banking Company, which was done, and the first mortgage released on the 10th of April, 1899. On the same day the property was sold to the defendant Mike Flessner, who has ever since occupied the same as his homestead. On April 23, 1899, executions were again issued upon the judgments and were levied upon the real estate. This action was then begun by the judgment creditor for the purpose of declaring the judgments to be a lien upon the real estate, subject only to a homestead right of $2,000 in value. The answer sets up that the premises were the homestead of the Brennemans and of less value than $2,000 at the time of the sale to Flessner, and consequently were and are exempt. Mrs. Brenneman further alleges that the...
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Canada v. State, No. 32161.
...forced sale for the satisfaction of the judgment. Sec. 40-101, R.S. 1943; Horbach v. Smiley, 54 Neb. 217, 74 N.W. 623;Goble v. Brenneman, 75 Neb. 309, 106 N.W. 440,121 Am.St.Rep. 813;Radbruck v. First Nat. Bank of Omaha, 95 Neb. 288, 145 N.W. 715;Hess v. Eselin, 110 Neb. 590, 194 N.W. 469. ......
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Thesing v. Westergren
...and on $1,000 from another date. An explanation of this order is found in the argument of counsel that interest was allowed only from the [106 N.W. 440]date that the money on the bid was actually paid. The validity of the order is not affected by the fact that notice of the application to r......
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Canada v. State, No. 32161.
...forced sale for the satisfaction of the judgment. Sec. 40-101, R.S. 1943; Horbach v. Smiley, 54 Neb. 217, 74 N.W. 623;Goble v. Brenneman, 75 Neb. 309, 106 N.W. 440,121 Am.St.Rep. 813;Radbruck v. First Nat. Bank of Omaha, 95 Neb. 288, 145 N.W. 715;Hess v. Eselin, 110 Neb. 590, 194 N.W. 469. ......
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Thesing v. Westergren
...and on $1,000 from another date. An explanation of this order is found in the argument of counsel that interest was allowed only from the [106 N.W. 440]date that the money on the bid was actually paid. The validity of the order is not affected by the fact that notice of the application to r......