Becker v. Anderson
Nebraska Supreme Court
This was a petition in equity, filed in the district court for Platte, county, by John P. Becker and Henry B. Ooolidge on behalf of themselves and others, creditors of Lester Platte, whose claims had been presented to be approved and allowed by the county court for said county against Lafayette Anderson.
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This was a petition in equity, filed in the district court for Platte, county, by John P. Becker and Henry B. Ooolidge on behalf of themselves and others, creditors of Lester Platte, whose claims had been presented to be approved and allowed by the county court for said county against Lafayette Anderson. At the hearing the plaintiff offered a witness, when the defendant objected to his testifying, on the ground that the petition did not state facts sufficient to constitute a Cause of action. The plaintiff then' offered to prove, by the witness, all the facts alleged in his petition. The…
1Opinion of the Court
Lake, Ch. J.
This is an appeal from Platte county, and the question for review is whether the. petition states a good cause of action. ,
*503If the facts alleged be true, the mortgage falls clearly within our statute of frauds, and is void as to the plaintiffs who were the creditors of the mortgagor at the time it was executed. This, indeed,.is not questioned by defendant’s counsel, but they say that the plaintiffs are not in a situation to invoke the aid of a court of equity in their behalf. It is contended also that, under the circumstances, their remedy, whatever it may be, should be songht in…
2Cited by4 opinions
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