56 Neb. 469 | Neb. | 1898
The Security Abstract of Title Company, plaintiff in error, was during the year 1890 in the business which -is indicated by its name,—that of furnishing abstracts of title to real estate,—-and its pliace of business was, as stated in the pleadings, in Douglas county. It had given
When Isaac Longacre discovered that the property
Another argument for the plaintiffs in error is that if there could be a recovery, the measure of damages should have been the amount of the incumbrance, the judgment in the suit, to enforce which the sale occurred, the suit being the one of which the omission of mention in the abstract furnished the basis for the action at bar. This is not tenable. The sale had been made and confirmed and deed ordered before the pendency of any action or existence of attachment or judgment became known to Isaac Longacre, and he could not have paid the judgment if he had so wished, for it was then satisfied by the sale. The proceedings had caused and perfected a title which destroyed any claim of his to the property or its title.
It appeared that William S. Mills, while owner of the property, executed and delivered to t(he Lombard Investment Company a mortgage thereon to secure the payment of his indebtedness to; it in the sum of $1,100, and that. Isaac Longacre bought the real estate subject to the lien thereby created and assumed the payment thereof. This indebtedness was not paid at its maturity and an action for foreclosure of the mortgage was instituted and prosecuted to completion, and the sale of the premises was made under the decree for a sum less than the mortgage debt. To these proceedings Isaac Long-acre was a party defendant, duly served, but made no
An argument is presented relative to the admissibility of evidence of which it must be said that there was no assignment of error in the petition, which fact leads to its not being considered. (Smith v. Mason, 44 Neb. 610.)
The arguments herein were made mainly under an assignment that the trial court erred in instructing the jury as it did to return a verdict for the defendant in error. No points have been presented which in any degree impeach the correctness of such action, and it follows that it must be approved and the judgment must be
Affirmed.