91 Neb. 404 | Neb. | 1912
Action in ejectment to recover the possession of the south half of the south half of section 17, township 2, range 36 west of the sixth P. M., in Dundy county, Nebraska. The petition contained two counts. One for the possession of the premises, and the other for the rents and profits thereof from the year 1906 to the commencement of the action. The answer,- in addition to a general denial, contained allegations sufficient to constitute the equitable defense available to a mortgagee in possession. The reply was a general denial. The cause was tried to the court without a jury. The trial resulted in a general finding and a judgment thereon for the defendant, and the plaintiff has appealed.
To secure a reversal plaintiff relies upon the single assignment that “the judgment is contrary to the evidence and the law applicable thereto.”
The plaintiff testified that he had not sold or conveyed the land to any one; that after the foreclosure he supposed it was gone, and paid no attention to it until he was induced to bring this suit by one I. R. Darnell, who agreed to pay the costs, to hold the plaintiff harmless, and' see that the suit did not cost him anything in consideration of receiving one-half of the results of the litigation.
It may be stated at the outset that the record suffi
It follows that the judgment of the district court was right, and it is therefore
Affirmed.