Legal Opinion

Brun v. Brun

Nebraska Supreme Court

Decided May 21, 1902No. 11,439Published

Appeal from the district court for Cuming county.' Heard belw before Evans, J. A deed from a husband directly to his wife, may be sustained on equitable grounds, i. e., a valuable consideration. Smith v. Dean, 15 Nebr., 432. When the husband and wife occupy a homestead, the title to which is in the name of the husband, a deed of conveyance from the husband to the wife, signed and acknowledged by him alone, is valid.

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Appeal from the district court for Cuming county.' Heard belw before Evans, J. A deed from a husband directly to his wife, may be sustained on equitable grounds, i. e., a valuable consideration. Smith v. Dean, 15 Nebr., 432. When the husband and wife occupy a homestead, the title to which is in the name of the husband, a deed of conveyance from the husband to the wife, signed and acknowledged by him alone, is valid. Furrow v. Atheij, 21 Nebr., 671. The discontinuance of a suit for a divorce and the resumption of the marriage relations, are a sufficient and valid consideration for a conveyance…

1Opinion of the Court

Kirkpatrick, C.

This is a suit brought in the district court for Cuming county on the 26th day of August, 1899, by Malk Brun, Sr., appellee, against Catherine Brun, his wife, appellant. Appellee in his petition set up two causes of action: First, alleging extreme cruelty and abandonment for three years on the part of his wife; and, second, that a certain deed which he had executed and delivered to liis wife on April 1, 1895, conveying to her their homestead upon which they lived, was obtained by fraud and coercion, and that the same was contrary to public policy, and for that reason invalid;…

2Cases cited9 opinions

  1. Andrews v. AndrewsSupreme Court of the United States · 1903
  2. Randall v. RandallMichigan Supreme Court · 1877
  3. Dunham v. DunhamIllinois Supreme Court · 1896
  4. Inhabitants of Hanover v. TurnerMassachusetts Supreme Judicial Court · 1817
  5. Beach v. BeachSupreme Court of Oklahoma · 1896

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