Housel v. Cremer
Nebraska Supreme Court
Error to the district court for Douglas county. The action was replevin by Housel who claimed title as mortgagee under chattel mortgage. The defendant, Cremer, claimed title by virtue of a voluntary assignment made by Agnes M. McKelligon, mortgagor of the jiroperty. The assignment was made subsequent to the mortgage. Before the trial Agnes died, and at the trial Housel was not permitted to testify as a witness.
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Error to the district court for Douglas county. The action was replevin by Housel who claimed title as mortgagee under chattel mortgage. The defendant, Cremer, claimed title by virtue of a voluntary assignment made by Agnes M. McKelligon, mortgagor of the jiroperty. The assignment was made subsequent to the mortgage. Before the trial Agnes died, and at the trial Housel was not permitted to testify as a witness. Testimony was introduced on the part of the defendant, tending to show that these mortgages were fraudulent as to the creditors of Agnes. The court also gave instructions to the jury…
1Opinion of the Court
Lake, Ch. J.
We will consider the points relied on for a reversal of the judgment, in the order of their presentation by counsel in their brief. The first of these is that Housel, who offered himself as a witness in his own behalf, was not permitted to testify, the court holding him to be disqualified by section 329 of the code of civil procedure, which provides that: “ No person having a direct legal interest in the result of any civil cause or proceeding, shall be a competent witness therein, when the adverse party is an executor, administrator, or legal representative of a deceased person,”…
2Cases cited7 opinions
- Van Heusen Charles v. . RadcliffNew York Court of Appeals · 1858
- Wamsley v. CrookNebraska Supreme Court · 1874
- Flower v. CornishSupreme Court of Minnesota · 1879
- Heinrichs v. WoodsMissouri Court of Appeals · 1879
- Wakeman v. BarrowsMichigan Supreme Court · 1879
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3Cited by13 opinions
- Kroh v. HeinsNebraska Supreme Court · 1896
- Blackman v. Baxter, Reed & Co.Supreme Court of Iowa · 1904
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- Keeling v. HoytNebraska Supreme Court · 1891
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