51 Neb. 668 | Neb. | 1897
This was an action in tbe nature of a creditor’s bill by tbe First National Bank of Wahoo against Frank Havlik, Barbara Havlik, his wife, Emma Sommers, and the Packers’ National Bank of South Omaha, to subject certain property to the payment of a judgment of the Wahoo bank against Frank Havlik. The judgment was rendered in September, 1892, and the debt on which it was based was created in May, 1892. The petition alleged that in June, 1892, Frank Havlik was the owner of lots 4, 5, and 6, in block 170, of the County Addition to Wahoo, in Saunders county, and on the 9th of June, without consideration and with the intent of defrauding his creditors, he conveyed the same to Emma Sommers; that on the 3d of May, 1891, Frank and Barbara Havlik purchased of Louis Shroeder, with money of Frank’s, lot 24, block 3, Brown Park Addition to South Omaha, Douglas county, and that the title was taken in Barbara Havlik in secret trust for Frank, and with the purpose of placing it beyond the reach of his creditors; that on the 24th of June, 1891, Frank Havlik purchased from the Union Stock Yards Company lots 13 and 14, in block 9, and lot 10, in block 12, in the First Addition to South Omaha; that said realty was paid for out of the moneys of Frank, but the title taken in the name of Barbara in secret trust for him and with a similar fraudulent purpose; that on the 22d of March, 1892, Frank Havlik was the owner in fee of a certain tract of land in Saunders county, which was then conveyed to one Zaliourek, who gave in part payment therefor three promissory notes, one for $800, two for $700
It is also claimed in argument that prior to the sale of the Saunders county farm a loan was secured of $2,500 by placing a mortgage thereon, and that this money was used in improving the South Omaha property. If the farm was in fact Frank’s and he chose to borrow money in this manner and improve his wife’s real estate, it would be another transaction in the nature of a gift to her.
As to the notes, it is contended that the transfer was not made until after the bank’s debt was incurred. But the weight of the evidence is the other way and supports the finding of the court.
It follows that if all of the contentions of the appellant be well founded as to the property having been acquired by moneys earned by and belonging to Frank, in each case
Affirmed.