Shellberg v. McMahon

The opinion of the court was delivered by

Porter, J.:

The action in the district court was on a written contract stipulating for the payment by defendant of $1600, when the Catholic school of Hanover and the Roman Catholic church furnished her a clear title releasing her from all claims on account of certain provisions in the will of Joseph McMahon, her deceased husband. There was a verdict and judgment for plaintiffs, and defendant appeals.

By his last will and testament Joseph McMahon, after certain minor bequests, devised one-half of his estate, consisting of real and personal property in…