Heffley v. Hunger
Nebraska Supreme Court
Error, from the district court of Lancaster county. Tried below before Tibbets, J. The facts are stated in the opinion. When the existence of the debt was shown, and it was shown that the mortgage was given to secure that debt, then the burden was upon the defendant to show that the mortgage was fraudulent; and it was error to instruct the jury that that burden was upon the plaintiff. (.Hocy v. Pierrón, 30 N. W. Kep. [Wis.] 692.)
1Opinion of the CourtHarrison, C. J.
Clarence I. Heffley was engaged in business as a merchant tailor in the city of Lincoln, and on August 11, 1893, executed in favor of his mother a chattel mortgage on all his business stock, fixtures, and tools, and two or three days subsequent to the execution of the mortgage delivered it to the attorney or agent for his mother in the city to which we have referred, she then being in another state. At a later date writs of attachment were obtained to issue by some creditors of the son and were placed in the hands of the defendant in error, then a constable, for service and were by him levied…
2Cases cited8 opinions
- Carson v. StevensNebraska Supreme Court · 1894
- Connelly v. EdgertonNebraska Supreme Court · 1887
- Earle v. BurchNebraska Supreme Court · 1887
- Bartlett v. CheesbroughNebraska Supreme Court · 1888
- Steinkraus v. KorthNebraska Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Gentry v. BurgeNebraska Supreme Court · 1935
- Christensen v. SmithNebraska Supreme Court · 1932