Nelson v. Bevins
Nebraska Supreme Court
Appeal from tbe district court of Douglas county. Tried below before Savage, J. 1. Alleged agreement to give the mortgage was not in writing, nor was any memorandum of it signed or made by either Andrew or Alice Bevins. It was therefore void by the statute of frauds, without reference to where the title was. Nor was there any fact or circumstance to take the agreement out of the statute.
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Appeal from tbe district court of Douglas county. Tried below before Savage, J. 1. Alleged agreement to give the mortgage was not in writing, nor was any memorandum of it signed or made by either Andrew or Alice Bevins. It was therefore void by the statute of frauds, without reference to where the title was. Nor was there any fact or circumstance to take the agreement out of the statute. Payment of the money alone is not sufficient to authorize a court to decree specific performance of an agreement to convey or. mortgage land. The statute and the authorities leave this in no doubt whatever.…
1Opinion of the CourtMaxwell, J.
This is an action for the specific execution of an agreement to execute a mortgage upon certain real estate, and for a decree foreclosing the same, and for general relief.
It is alleged in the petition in substance that on or about the 22d of September, 1879, Andrew Bevins purchased the premises in controversy, taking the title thereto in the name of Alice Bevins, his wife; that about the same time the defendants applied to the plaintiff for a loan of six hundred dollars for the purpose of erecting a house on the lot in question; that it was agreed that the defendants should have the sum…
2Cases cited2 opinions
- Morgan v. BergenNebraska Supreme Court · 1874
- Leffingwell v. FreyerWisconsin Supreme Court · 1867
3Cited by1 opinion
- Nelson v. BevinsNebraska Supreme Court · 1886