Schade v. Bessinger
Nebraska Supreme Court
This was an action of ejectment brought by Maria M. Bessinger; against Frederick Schade, Sr., and Frederick Schade, Jr., for the recovery of the possession of a certain tract of land in Richardson county. The facts in the case are substantially as follows: Frederick Schade, Sr., a native of Germany, emigrated to the United States, and in the year 1864 married Maria M. Bessinger.
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This was an action of ejectment brought by Maria M. Bessinger; against Frederick Schade, Sr., and Frederick Schade, Jr., for the recovery of the possession of a certain tract of land in Richardson county. The facts in the case are substantially as follows: Frederick Schade, Sr., a native of Germany, emigrated to the United States, and in the year 1864 married Maria M. Bessinger. Shortly after the marriage she advanced the sum of two hundred dollars, and Schade, Sr., bought of ore Theodore Hoos the tract of land in controversy, paying therefor the sum of five hundred dollars. After the…
1Opinion of the CourtGantt, J.
This is an action in ejectment, and the plaintiffs in error, who were defendants in the district court, rested, their defense, mainly, on these two grounds : First, that the deed from T. Hoos to the defendant, although a conveyance absolute, yet it was intended to be and was a mortgage security only; and, Second, That Schade, Sr., was the purchaser and owner of the land, the first deed being made to him as grantee, and therefore the second conveyance by Hoos to defendant in error, did not divest him of the legal estate in the premises.
But upon an examination of the evidence stated in the bill…
2Cases cited1 opinion
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
3Cited by5 opinions
- Tilden v. StreeterMichigan Supreme Court · 1881
- Stall v. JonesNebraska Supreme Court · 1896
- O'Hanlon v. BarryNebraska Supreme Court · 1910
- ARLA CATTLE COMPANY v. KnightNebraska Supreme Court · 1962
- Butler v. PetersonNebraska Supreme Court · 1907