Fitzgerald v. Andrews
Nebraska Supreme Court
Error tó tbe district court for Nemaha county. Tried below before Davidson, J. 1. The property covered by the bill of sale and replevied was absolutely exempt from judgment creditors by force •of the statute without any action of any one to give the exemption effect. Comp. Stat., p. 600, § 530. Maxwell Justice Pr., pp.’ 98, 99. William v. Golden, 10 Neb., 434. 2. The property being exempt was not the subject of a fraudulent sale as to creditors.
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Error tó tbe district court for Nemaha county. Tried below before Davidson, J. 1. The property covered by the bill of sale and replevied was absolutely exempt from judgment creditors by force •of the statute without any action of any one to give the exemption effect. Comp. Stat., p. 600, § 530. Maxwell Justice Pr., pp.’ 98, 99. William v. Golden, 10 Neb., 434. 2. The property being exempt was not the subject of a fraudulent sale as to creditors. Boggs v. Thompson, 13 Neb., 408. Derby v. Weyrioh, 8 Neb., 174. Thompson on Exemptions, § 411. 1. Record shows that action was commenced in county…
1Opinion of the Court
Lake, Oh. J.
This is a petition in error from Nemaha county. The action in the court below was in replevin to recover possession of a lot of household goods, consisting of one stove and furniture, twenty pairs of blankets, fifteen quilts, and some dishes and table furniture, to which the plaintiff claimed he was entitled under a bill of sale made to him by one Dennis O’Leary, on the 27th of August, 1881, to secure the payment of the sum of fifty dollars for money borrowed. That this was the object of the bill of sale was proved beyond all doubt.
After the giving of this bill of sale, O’Leary…
2Cases cited2 opinions
- Horacek v. KeeblerNebraska Supreme Court · 1877
- Becker v. AndersonNebraska Supreme Court · 1877
3Cited by7 opinions
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- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
- Sherwin v. GaghagenNebraska Supreme Court · 1894
- Kay v. NollNebraska Supreme Court · 1886
- Uerling v. StateNebraska Supreme Court · 1933
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