Roy v. McPherson
Nebraska Supreme Court
Appeal from the district court for Richardson county. Tried below before Weaver, J. cited Story’s Eq. Jur., secs. 384 to 392,1536. 1 Greenl. Ev., 207. Tyler on Inf. & Cov., 448. Bussell v. Long, 3 N. W. R., 75. Hatch v. Gray, 21 la., 29. Schweizer v. Tracy, 76 111., 350. Young v.- Hibbs, 5 Neb., 433. Bank v. Shaffer, 9 Neb. 1. contended that plaintiff’s possession was notice of her rights, and that she occupied the land as a homestead.
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Appeal from the district court for Richardson county. Tried below before Weaver, J. cited Story’s Eq. Jur., secs. 384 to 392,1536. 1 Greenl. Ev., 207. Tyler on Inf. & Cov., 448. Bussell v. Long, 3 N. W. R., 75. Hatch v. Gray, 21 la., 29. Schweizer v. Tracy, 76 111., 350. Young v.- Hibbs, 5 Neb., 433. Bank v. Shaffer, 9 Neb. 1. contended that plaintiff’s possession was notice of her rights, and that she occupied the land as a homestead. Cited on question of estoppel McAfferty v. Conover, 7 Ohio St., 105. Moore v. Beavies, 15 Kans., 150. Johnston v. Turner, 29 Ark., 280. Thompson on Homesteads,…
1Opinion of the CourtLake, J.
The debts on which the several judgments in favor of the appellants, McPherson and Foster & Towslee, were rendered, were contracted by George Roy, the husband of the plaintiff, while he was the ostensible owner of the land in controversy, the legal title being in bim in fact, and as shown by the record of deeds of the proper county. And there the title still was until after those parties had obtained their judgments, and the same had become liens thereon.
The finding of the district court on the pleadings and evidence was, first, generally for the plaintiff',, which was followed by a special…
2Cited by17 opinions
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- Brownell & Co. v. StoddardNebraska Supreme Court · 1894
- Clements v. DoakNebraska Supreme Court · 1941
- Gillespie v. SawyerNebraska Supreme Court · 1884
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