87 Neb. 482 | Neb. | 1910
In the month of September, 1898, Amiel Chmelka and plaintiff were married, plaintiff receiving something near $1,200 in money and property from her parents, and defendant Amiel a suitable allowance from his parents. On the 24th day of the same month defendant’s father, Anton Chmelka, who is also defendant in this action, and who was living on a farm in Dodge county, consisting of 240 acres, conveyed 160 acres thereof to Amiel by a warranty deed, but reserving a life estate in about 2 acres upon which the house in which he lived was situated. There was also expressed a “condition” in the deed that Amiel should annually deliver to his father one-fourth of all the grain, hay, grass, seeds and vegetables of every description raised on the land during the lives of the grantors (Anton and his wife), and that the grantee should not sell nor lease the land during the lives of the grantors without their written consent. There appears
The answer of the defendants consists of admissions of the allegations of the petition as to the relation of defendants to each other; of the suit in the district court in ■Douglas county for divorce and alimony; that Amiel has no property or other resources out of which to pay the demands of plaintiff; that the children were born of the marriage as alleged; that defendant Anton is the owner of the real estate described in the petition and answer; and alleges that the indebtedness of Amiel, which defendant Anton has paid and assumed, was largely in excess of the value of the property received from him and plaintiff; and a general denial of other averments.
The trial consisted to a great extent of the examination of the issue formed upon the question of the promise and undertaking of Anton to reconvey the real estate when Amiel’s debts were paid, and upon which there was a direct conflict in the evidence, and the inquiry as to the amount of money paid or assumed by Anton of the debts of Amiel as compared with the value of his interest in the property conveyed by him and plaintiff to Anton. It was developed that the property had been sold by Anton, but that not all of the purchase price had been paid, leaving more remaining unpaid than the sum of plaintiff’s demands. Much time and energy were devoted to the question of how much and what particular debts of Amiel were satisfied by Anton. The decree entered by the district court is a finding in favor of plaintiff, and that she should receive from Anton out of the unpaid portion of the purchase price of the land sold the sum of $1,800, with interest thereon at the rate of 7 per cent, per annum from the 10th day of April, 1908, with costs of suit. Defendant Anton appeals.
There are two principal, and perhaps controlling, questions to be considered: Did Anton, the father of Amiel, agree with plaintiff, as an inducement to the execution of the deed to him, that when Amiel’s debts were paid he would redeed, the land in question to Amiel? If so, was the total of Amiel’s debts paid or assumed by Anton equal to or in excess of the value of the property received? The latter question may not be important, since, if that agreement was made, the obligation might exist even though the amount paid out might exceed such value.
The decree is , . Affirmed.