1 Neb. 453
Decided July 1, 1871
Nebraska Supreme Court · decided 1871-07-01
The question presented in this action was whether this court could decree ■ a foreclosure of a mortgage without a sale of the premises. 1. 1. The courts of this territoi-y, when sitting as courts of chancery, have all the powers of the English courts of chancery. — Organic Act, Section 9, McMeehan v. Nicholls, decided in this court in June, 1857 ; 1 Sess. Laxos, 328 ; 1 Sess. Laws, 190 ; 3 Sess. 41. . 2.
Cited by 1 later decisions — most recently January 1960
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1871-07-01
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¶1The court,
¶2held that the statute of the Territory, regulating the foreclosure of mortgages by a *455sale of the mortgaged premises, did not take away the remedy of strict foreclosure which had existed in the English Chancery. It did not assume to do so. Nor under the provisions of the organic act could it do so.
¶3Order reversed.