45 Neb. 673 | Neb. | 1895
Mary Unsicker was the owner of a quarter section of land, and also of an eighty-acre tract in Seward county. There were upon both of these tracts incumbrances as follows:
We think the instruction quoted was erroneous. It is-true that the pleadings put in issue the fact as to whether the $1,000 was paid to Burlingim by Unsicker or by Bader;, but this was only a matter of evidence, and the verdict did not necessarily turn on that question. By the instruction-as given, the jury was told that if it was the fact that the money was paid by Bader, and if Burlingim knew of the existence of the incumbrance, then the verdict must be for plaintiff. This was the effect of the instruction, because it.
Reversed and remanded.