87 Neb. 487 | Neb. | 1910
This action, in. the nature of a creditors’ bill, was brought by the county of Johnson, as plaintiff!, against'
Much is said in the briefs and was presented in the oral argument at the bar of this court as to what occurred at the home of Mr. Armsted upon the night of the conveyance of the Nemaha county land from Prank A. Taylor to his wife, defendant herein. It is clear that Mrs. Taylor was suffering under very great excitement on that occasion, she having been induced to cross the county line without more than 30 minutes’ notice, and meet the county officers and their attorney without any knowledge of what her husband had done, and with no one to advise her as to the course she ought to pursue. The fact of her great mental perturbation is clearly established by all the witnesses who testified upon that subject,
As we all view this case, the controlling question is whether or not the fact that the title to the land was permitted to stand in the. name of the husband works an estoppel as against'defendant and in favor of the county. This question arises upon the effect to be given to the testimony of the county commissioners as to what occurred at the time of the approval of the depository bond by them. It was known by them that Prank A. Taylor, one the sureties, was a resident of Nemaha county. The county clerk, or his deputy, was instructed to write to some of the county officers of Nemaha county for the purpose of ascertaining the financial condition of Taylor. This was done and a favorable answer was received, Taylor having justified in the sum of |10,000. The clerk also .reported that Taylor had land in Johnson county, and upon the strength of his affidavit the report from Nemaha county, and the report of his ownership of land in Johnson county, the bond was approved, but none of
Among others name¿ in the petition as defendants were the Kemper, Hundley & McDonald Dry Goods Company, and the Turner, Frazer Mercantile Company, who were brought in as judgment creditors of Frank A. Taylor. They filed their joint answer and cross-petition setting up that on the 5th day of March, 1908, the Kemper, Hundley & McDonald Dry Goods Company recovered a judgment in the district court for Johnson county against the Chamberlain Banking House and the defendant Frank A. Taylor for the sum of $937, and the Turner, Frazer Mercantile Company at the same time and in the same court recovered a judgment for $489, and their costs. ■Sufficient facts are alleged to show that the judgments were duly and legally rendered and are unpaid and un
The decree of the district court in favor of Johnson county is affirmed. Those in favor of Kemper, Hundley & McDonald Dry Gfoods Company, and Turner, Frazer Mercantile Company, are reversed and their cross-petition dismissed at their costs.
Judgment accordingly.