103 Neb. 621 | Neb. | 1919
There was a motion in this case to dismiss the appeal on the ground that the same was docketed in this court within the time prescribed by statute. The legislature amended the statute in regard to the time for docketing an appeal (Laws 1917, ch. 140), changing the time from six to three months. This court has heretofore followed the rule announced in the note under Wilson v. Kryger, 26 N. Dak. 77, in 51 L. R. A. n. s. 760, as follows: “It is a general rule of construction that statutes shortening the time within which appeals or proceedings in error can be taken do not, in the absence of language showing clearly a legislative intention to the contrary, apply to judgments, decrees, or orders rendered or entered before such statutes took effect”— and, applying that rule, we overruled the motion in this case.
■This plaintiff contracted to purchase from the defendants a tract of land of about 4.00 acres in Hayes county, Nebraska. "When the abstracts of title ;were presented, the plaintiff refused to accept the title as not marketable, and brought this action to recover from the defendants the amount which he had paid upon the contract.
The action was brought in Nemaha county, where the defendant Christner resided, and summons was sent to Hayes county and served upon the defendant Ready there, where he resided. The defendant Ready objected to the service on the ground that there was no joint liability of the defendants under the contract. This objection was overruled, and it is now insisted that this ruling was erroneous. It appears that these defendants
This constituted a joint contract on the part of the defendants, and the fact that it is recited in the contract that one of the defendants was to give a deed to a certain part of the land and the other defendant to make deed to the remainder will not change its character as a joint
There were various objections to the title, as presented in the abstract. The title to part of the land was through foreclosure proceedings. The defendants’ brief upon this point is devoted to the question whether the titles were fatally defective, and it is argued extensively that none of these apparent defects in the title were fatal; but this was not the question to be determined by the trial court. A purchaser of land is not required to purchase a lawsuit, but the agreement to “give a good and sufficient warranty deed and abstract” contemplates that the abstract will present a merchantable title, which is clear as shown by the record, and does not require litigation to complete it. This title was so plainly not merchantable that we do not find it necessary to discuss the defects presented by the abstracts. The case was tried to the court without a jury, and it cannot be said that the findings are not amply supported by the evidence.
The judgment of the district court is
Affirmed.