58 Neb. 675 | Neb. | 1899
On March 17, 1890, O. H. Barnes sued William R. Cox in the district court of Pierce county upon a judgment for the sum of $1,650 recovered in the previous January in one of the courts of the state of Texas. The action was aided by attachment, the writ being levied upon the northwest quarter of section 31, and an undivided half of the. southeast quarter of section 29, in township 28 north, range 4 west of the 6th P. M'., in Pierce county. In March, 1892, Barnes obtained judgment in the action and an order for tire sale of the attached property. Under this order the land in section 29 was sold to the plaintiff. There were no bidders for the land iu section 31. After-wards Barnes instituted this suit against the appellees, alleging in his petition that there was of record in the office of the county clerk of Pierce county a deed convey
The evidence in the bill of exceptions would warrant the court in finding the following facts: In 1888 William R. Cox, who resides in the state of New York, visited Pierce county with his son, the defendant John L. Cox, and while there bought the land in section 29, taking the title to himself. The purchase price was $2,000. At the same time the son secured a timber claim, for which the father paid $1,000. The following year the elder Cox purchased the land in section 31, paying therefor the sum of $1,500. It was understood that the several tracts were purchased for the benefit of John L. Cox and that the title would be transferred to him as soon as he should repay to his father the money expended, together with interest thereon at the rate of six per cent. The son took immediate possession of the property, lived on it, improved part of it, paid the taxes, and received to his own use all of the profits. Between November 12, 1886, and May 4, 1888, Ida E. Cox, wife of John L. Cox, received from the executor of her father’s estate $3,408.52, which sum was paid over to William R. Cox and by him credited on the indebtedness of his son. Mrs. Cox afterwards received from the same source something over $600, a considerable portion of which was paid to her father-in-law on account of the land transaction. In 1887 there was a
Affjliimkd.