Armstrong v. Freeman
Nebraska Supreme Court
W. H. Asbby and Daniel Freeman were owners in fee simple of a certain lot in tbe city of Beatrice, Gage county. Ashby conveyed his undivided half to Freeman for an agreed price of $350, and in payment therefor Freeman gave his note, secured .by a mortgage on the lot, signed by himself and wife Ashby having arranged with Armstrong to sell him the note and security for $275 cash in hand, had the note and mortgage made directly to Armstrong, who brought suit in the district…
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W. H. Asbby and Daniel Freeman were owners in fee simple of a certain lot in tbe city of Beatrice, Gage county. Ashby conveyed his undivided half to Freeman for an agreed price of $350, and in payment therefor Freeman gave his note, secured .by a mortgage on the lot, signed by himself and wife Ashby having arranged with Armstrong to sell him the note and security for $275 cash in hand, had the note and mortgage made directly to Armstrong, who brought suit in the district court to foreclose the same. In their answer to the petition of the plaintiff, the defendants alleged that the said note,…
1Opinion of the CourtLake, J.
The only defense made in the court below was that of usury, and this was not sustained. The propriety of this decree seems to depend solely upon questions of fact, which, although there were no special findings, it is fairly presumable were passed upon by the district court. ' •
It is a rule of this court that the findings of inferior tribunals upon questions purely of fact will not be interfered with, unless found to be clearly'against the weight of evidence. And this rule applies to all' cases, whether they come here by petition in error or on appeal.
The evidence upon the question'of usury…
2Cited by7 opinions
- In Re WasherCalifornia Supreme Court · 1927
- Rose v. WheelerCalifornia Court of Appeal · 1934
- Courtnay v. PriceNebraska Supreme Court · 1881
- McLaughlin v. SanduskyNebraska Supreme Court · 1885
- Orchard v. School District No. 70Nebraska Supreme Court · 1883
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