Legal Opinion

Gross v. Bunn

Nebraska Supreme Court

Decided January 15, 1880PublishedCited by 1 opinion

These were three eases brought up on error to the district court of Nemaha county, and were argued together. The following facts appear : Januai’y 1, 1878, Jacob Bunn, a banker, of Springfield, Illinois, failed, and made- a voluntary assignment to Brown - for the benefit of creditors.

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These were three eases brought up on error to the district court of Nemaha county, and were argued together. The following facts appear : Januai’y 1, 1878, Jacob Bunn, a banker, of Springfield, Illinois, failed, and made- a voluntary assignment to Brown - for the benefit of creditors. Bunn owned lands in Illinois and Nebraska, and his assignment was made under the Voluntary Assignment Law of Illinois, in force July 1, 1877. This deed of assignment was filed for record in Sangamon county, Illinois, January 2, 1878; it was never recorded in Nemaha county, Nebraska. January 5, 1878, Bunn…

1Opinion of the CourtCobb, J.

The only question properly litigated in this ease, as it appears to me, is as to the effect of the assignment by the defendant, and the- presentation and proof of his claim in the county court of Sangamon county, Illinois, by the plaintiff. Did these acts bar the plaintiffs’ right of action in this state ? This is certainly the only question presented in such a manner as to enable this court to pass upon it, although it is obvious that counsel on both sides sought to litigate the title to the real estate, levied upon by the order of attachment in the case.

The question as to whether the title…

2Cases cited2 opinions

  1. Haskins v. Alcott & HortonOhio Supreme Court · 1862
  2. Bank of Bellows Falls v. DemingSupreme Court of Vermont · 1845

3Cited by1 opinion

  1. Cackley v. SmithSupreme Court of Kansas · 1892

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