Leighton v. Stuart

Reese, J..This whs an action in replevin instituted by defendant in error, claiming the possession of the property in dispute *547as the mortgagee of W. W. House and Zeruah C. House, and alleging upon belief that the property in dispute prior to the execution of the mortgage was the separate and individual property of said Zeruah C. House. The cause has been before this court twice before, and is reported in 10 Neb., at page 224, and in 14 Id., at page 37.

The last trial was had before John H. Ames, Esq., referee, who reported his findings of fact and conclusions of law, and upon which judgment…