43 Neb. 361 | Neb. | 1895
This action was begun by Oscar C. Ragan in the district court of Seward county, to have it decreed that the southwest quarter of section 19, in township 11 north, range 1 east, 6 th principal meridian, was unaffected by a lien as incidental to either of two judgments, one of which was in favor of Tootle, Hosea & Co., the other in favor of Charles A. Morrill. These judgments had been rendered against John O’Donnell while he was the owner of the aforesaid property, and while he and his family were in possession thereof, claiming the same as their homestead. These 'judgment creditors made a showing that Hargreaves Bros, had two mortgages on the premises above described, by virtue of which said judgment creditors were entitled to certain rights, and they therefore, by motion, asked that Hargreaves Bros, should be made defendants as necessary parties. This motion was sustained, aud after-wards Hargreaves Bros, appeared and answered the cross-petition of Tootle, Hosea & Co. and that of Charles A. Morrill. In these cross-petitions no claim of lien had been ■asserted by virtue of the judgments alone, aud consequently the district court, before Hargreaves Bros, had been made defendants, had decreed the relief prayed in the original petition so far as to determine that said judgments by their own force created no lien. The controversies thenceforward were simply as to the rights of the creditors of -the firm of O’Donnell Bros., which firm had been composed of John and James O’Donnell. ' Tootle, Hosea & Co. and Charles A. Morrill obtained their judgments not only against John O’Donnell as above recited, but as well against James, the indebtedness in each instance having been incurred by the firm of O’Donnell Bros, for goods sold said firm while it was engaged in the retail mercantile business an the towns of Waco and Utica. It is unnecessary, in this particular connection, to state what facts were set out in the
It is not entirely clear, though from the record it ap
There has been no suggestion in argument which would indicate how there was either a defect of parties or the misjoinder of causes of action, and, unaided by such suggestion, we have been unable to discover any ground for these assignments. By the answer and cross-petition of
On trial of the issues finally joined there was a decree finding in favor of the cross-petitioners respectively, and granting the relief prayed by them against Hargreaves Bros. It would subserve no useful purpose to review in detail the evidence, upon consideration of which this decree was entered. It was as conflicting as could well be imagined in respect to the several issues of fact tried. Under such circumstances this court will not interfere with the conclusions reached by the trial court. The judgment of the district court is
Affirmed.