57 Neb. 341 | Neb. | 1899
This was an action in ejectment to recover about ninety acres of land in Otoe county. The petition contained the usual averments, and the answer was a general denial. A trial resulted in a judgment for plaintiff below, Hattie W. Brown. A second trial was awarded under the statute, which terminated in a judgment for the defendant, to reverse which is the purpose of this proceeding.
We are cognizant of the rule, and have often applied it, that a decree based on conflicting evidence will not be molested on appeal. But the present case does not fall within that principle. There is absolutely no competent evidence to support the finding of the trial judge that the deed was delivered to plaintiff’s husband by the grantor to be retained by him until called for by the
Reversed and remanded.
Starr v. Starr, 1 O. 321; Rogers v. Rogers, 53 Wis. 3G; Taliaferro v. Rolton, 34 Ark. 503; Snodgrass v. Ricketts, 13 Cal. 359; Jeffers v. Philo, 35 O. St. 173; Kearsing v. Kilian, 18 Cal. 492; Brady v. Bluff, 75 Ala. 80; Bowman v. Cudworth, 31 Cal. 148; Killey v. Wilson, 33 Cal. 691; Lawton v. Gordon, 34 Cal. 36; Wallace v. Berdell, 97 N. Y. 13; Strawn v. Norris, 21 Ark. 80; Hinchliff v. Hinman, 18 Wis. 139; Walker v. Renfro, 26 Tex. 142; Gilbert v. Bulkley, 13 Am. Dec. [Conn.] 57; Botsford v. Morehouse, 4 Conn. 550; Raynor v. Wilson, 6 Hill [N. Y.] 469; Shotwell v. Harrison, 22 Mich. 410; Maupin v. Emmons, 47 Mo. 304; Parker v. Kane, 65 Am. Dec. [Wis.] 283; Howard v. Huffman, 75 Am. Dec. [Tenn.] 783; Van Hook v. Simmons, 78 Am. Dec. [Tex.] 573; Alexander v. Hickox, 86 Am. Dec. [Mo.] 118; Sutton v. Jerris, 31 Ind. 267; Dukes v. Spangler, 35 O. St. 119.