Heelan v. Hoagland
Nebraska Supreme Court
Error to the district court of Lancaster county. Heelan, the assignee of Grant, was in possession and claiming title to certain personal property, under a deed of assignment made by Grant to him “ for the ben efit of creditors.” Hoagland, as sheriff, levied upon the same by virtue of several executions and attachments sued out by creditors of Grant, and took the property into his possession.
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Error to the district court of Lancaster county. Heelan, the assignee of Grant, was in possession and claiming title to certain personal property, under a deed of assignment made by Grant to him “ for the ben efit of creditors.” Hoagland, as sheriff, levied upon the same by virtue of several executions and attachments sued out by creditors of Grant, and took the property into his possession. Heelan then brought an action for the conversion of said propeity against the sheriff and sureties on his bond, and upon a trial before Pound, J., the defendants had judgment, and Heelan brought the cause…
1Opinion of the CourtLake, J.
Our decision in this case must turn upon the answer to be given to the question whether the deed of assignment under which Heelan held the property at the time of the levy by the sheriff was a valid instrument as against the creditors of the assignor.
The assignment deals with real and personal property, and must necessarily stand or fall as to both. As to the lands mentioned therein, it is clearly defective as a conveyance, for want of an acknowledgment by the assignor. Section 1, ch. 61, Gen. Stat., 872, provides that: “ Heeds of real estate or of any interest therein, except leases for one…
2Cited by10 opinions
- O'Brien v. GaslinNebraska Supreme Court · 1886
- Larson v. DickeyNebraska Supreme Court · 1894
- Dawson County State Bank v. DurlandNebraska Supreme Court · 1926
- Sullivan v. SmithNebraska Supreme Court · 1884
- O'Malley v. Dillenbeck Lumber Co.Supreme Court of Iowa · 1909
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