Buffalo County National Bank v. Sharpe
Nebraska Supreme Court
Appeal from the district court of Custer county. Heard below before Holcomb, J. The burden of proof was on the bank, when the question of usury was raised by.the answer, to show that it was a bona fide purchaser for value without notice. (Darst v. Backus, 18 Neb., 231.) The wife has a right to mortgage her property, if she so desires, and the consideration moving to the husband is sufficient to sustain the mortgage, when it is entered into voluntarily on her part.
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Appeal from the district court of Custer county. Heard below before Holcomb, J. The burden of proof was on the bank, when the question of usury was raised by.the answer, to show that it was a bona fide purchaser for value without notice. (Darst v. Backus, 18 Neb., 231.) The wife has a right to mortgage her property, if she so desires, and the consideration moving to the husband is sufficient to sustain the mortgage, when it is entered into voluntarily on her part. (Mundy v. Whittemore, 15 Neb., 652; Webb v. Hoselton, 4 Neb., 308; Gillespie v. Smith, 20 Neb., 456; Savings Bank v. Scott, 10…
1Opinion of the CourtHarrison, J.
On the 24th day of November, 1891, the Buffalo County National Bank commenced an action in the district court of Custer county to foreclose a mortgage on lot number two, in block number' seven, in Mason City, Nebraska, executed and delivered by Tonnie A. Sharpe and Fountain M. Sharpe. November 20, 1889, to one A. J. Gallentine to secure the payment of a nole in the sum of $1,052.91» of date November 20,1889, signed by Fountain M. Sharpe and payable to A. J. Gallentine, and by him sold for a valuable consideration and before maturity to the plaintiff. The Sharpes were husband and wife, and the…
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