James Leffel & Co. v. Schermerhorn
Nebraska Supreme Court
Error to the district court for Nuckolls county. Tried below before Weaver, J. Deed was without consideration and void. 1 Bouvier Institutes, secs. 576, 578. In this case there was no acceptance of either deed or property, or of the offer to sell. Under decision in -3 Neb., 140, there must have been an absolute sale or nothing. Parties have sworn it was not a mortgage, and court cannot make it such by its finding and decree.
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Error to the district court for Nuckolls county. Tried below before Weaver, J. Deed was without consideration and void. 1 Bouvier Institutes, secs. 576, 578. In this case there was no acceptance of either deed or property, or of the offer to sell. Under decision in -3 Neb., 140, there must have been an absolute sale or nothing. Parties have sworn it was not a mortgage, and court cannot make it such by its finding and decree. If it is a deed, is it upon sufficient consideration? Tootle & Maulé v. Bu/nn, 6 Neb., 99. Savage v. Hazard, 11 Id., 323. Grantors are shown to be insolvent. It cannot be…
1Opinion of the Court
Lake, Ch. J.
The action below was brought by the plaintiffs in error, who are judgment creditors of said Schermerhorn and John *343W. Kern, partners, to set aside a conveyance by them to George Kern, the father of John ~W., of a certain mill property, as being in fraud of creditors. The fact of the plaintiffs being judgment creditors is conceded, and the defense consisted simply of a denial of the alleged fraudulent character of the conveyance.
The errors formally assigned are four, but they may be properly regarded and considered as one, viz., that the court was not warranted by the testimony in…
2Cited by2 opinions
- Vickers v. Buck Stove & Range Co.Supreme Court of Kansas · 1899
- Rothell v. GrimesNebraska Supreme Court · 1887