Hare v. Murphy
Nebraska Supreme Court
Error to tlie district court for Lincoln county. Tried below before Norris, J. Where one of two innocent parties must suffer a loss by the fraud of another, the loss must fall upon the one whose acts had furnished the means f.or the commission of the fraud. Dinsmore v. Stimlert, 12 Nebr., 438. A deed found on record, such as the one in suit, is presumptive evidence of the liability of the grantee therein named. Heil v. Redden, 26 Pac.
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Error to tlie district court for Lincoln county. Tried below before Norris, J. Where one of two innocent parties must suffer a loss by the fraud of another, the loss must fall upon the one whose acts had furnished the means f.or the commission of the fraud. Dinsmore v. Stimlert, 12 Nebr., 438. A deed found on record, such as the one in suit, is presumptive evidence of the liability of the grantee therein named. Heil v. Redden, 26 Pac. Eep. [Kan.], 2; Belmont v. Coman, 22 N. Y., 438, 78 Am. Dec., 213; Bomnan v. Griffith, 35 Nebr., 361; 3 Devlin, Deeds, sec. 1056. The delivery of the deed in…
1Opinion of the CourtSnDLIYAN, J.
When this case was here before, a judgment in favor of Murphy, the defendant below, was reversed and the cause remanded for further proceedings. Hare v. Murphy, 45 Nebr., 809. The opinion then filed contains a detailed account of the transactions out of which the litigation arose. At this time it will suffice to say that the plaintiff, Robert W. Hare, being the assignee and owner of a real estate mortgage, filed in the district court of Lincoln county his petition, in which he alleged that Murphy had purchased the premises covered by the mortgage and, in the deed of conveyance, had assumed…
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