Furrow v. Athey
Nebraska Supreme Court
Appeal from tbe district court of Richardson county, Tried below before Broady, J.
1Opinion of the CourtReese, J.
The first question presented in this case is, whether a husband can convey his real estate to his wife without the intervention of a third party as a trustee, in a case where no fraud is shown, and the rights of creditors or other third parties do not intervene.
As has been decided by this court, the deed from a husband to the wife was void by the common law. Smith v. Dean, 15 Neb., 432. Johnson v. Vandervort, 16 Id., 144. But in equity such deeds have been, upheld when any equitable reason therefor was shown. Id.
There is sóme evidence tending to prove a valuable consideration for the deed in…
2Cases cited8 opinions
- Garlick v. StrongNew York Court of Chancery · 1831
- Deming v. WilliamsSupreme Court of Connecticut · 1857
- Wilder v. BrooksSupreme Court of Minnesota · 1865
- Story v. MarshallTexas Supreme Court · 1859
- Riehl v. BingenheimerWisconsin Supreme Court · 1871
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3Cited by17 opinions
- Cizek v. CizekNebraska Supreme Court · 1904
- Blochowitz v. BlochowitzNebraska Supreme Court · 1932
- Howard v. Stanolind Oil & Gas Co.Supreme Court of Oklahoma · 1946
- Dayton Spice-Mills Co. v. SloanNebraska Supreme Court · 1896
- Currier v. TeskeNebraska Supreme Court · 1909
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