72 Neb. 273 | Neb. | 1904
This is an action in replevin for the recovery of a corn sheller and the undivided half interest in a crop of growing corn and five horses. The suit was prosecuted by the plaintiff against John J. Trompen, sheriff of Lancaster county, and Charles Anderson and others, as defendants. Plaintiff claimed a special interest in the property replevied under two chattel mortgages, one executed by her son, Harwood Penn, and the other by her daughter-in-law, Stanza J. Penn. The sheriff claimed possession under an execution issued on a judgment of the county court against Harwood Penn and others; defendant Anderson claimed a special property in the five head of horses in controversy on a chattel mortgage executed by Harwood Penn, prior to the rendition of the judgment and prior to either of ,the mortgages executed to plaintiff. The only question involved in the controversy between plaintiff and the sheriff was as to the bona fides of plaintiff’s mortgages. The question of the bona fides and priority of the mortgages of defendant Anderson was clearly and unequivocally established and the court properly directed a verdict in his favor, finding him entitled to a special property in the horses for the amount due on his note and mortgage. As between plaintiff and the sheriff the question of the good faith of plaintiff’s mortgages was. submitted to a jury; a verdict was rendered in favor of the defendant sheriff for possession of the corn sheller and the corn, and plaintiff brings error to this court.
This case was continued for a long time in the district court for Lancaster county before reaching this tribunal,
Numerous errors are charged against the action of the trial court in the admission and exclusion of testimony. The record in the case is very voluminous and the proceeding was conducted evidently Avith much hostile feeling between counsel representing the litigants. The court, however, appears to have used commendable discretion in his rulings on evidence either admitted or excluded. While he permitted a liberal range of investigation into all the transactions between the plaintiff and her son and daughter-in-law, which led up to the execution of the mortgages on which she relied, in this, Ave think, he but followed the well approved rule that transactions between near relatives, which have the effect of hindering, delaying or defeating creditors should be carefully scrutinized.
The instructions given by the trial court are generally attacked by plaintiff’s counsel, without pointing out any special defect in any of them or any particular paragraph Avhich announced a vicious principle concerning fraudulent transfers. We have examined the instructions and they seem to have been prepared Avith great care and precision by the learned trial judge and to have submitted the
For the reasons stated in the foregoing opinion, the judgment of the district court is
Affirmed.