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1 Neb. 472

Cook v. Kuhn

Nebraska Supreme Court

Decided July 1, 1871

Nebraska Supreme Court · decided 1871-07-01

This was a bill to foreclose a mortgage, filed in the District Court for Douglas county, by Cook and others,' against the Florence Land Company and Kuhn.

Decided 1871-07-01

¶1The court,

by Kellogg, Ch. J.,

¶2held that the resolution recorded on the journal was sufficient to authorize Parker to execute the mortgage. The statute of frauds does not require the'authority of the agent to be signed by the principal. Besides, the proof shows that the company had the benefit of the loan, and until it repays it, it cannot avoid the security. He who seeks equity must do equity.

¶3Decree affirmed.

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