35 Neb. 406 | Neb. | 1892
It is alleged in the petition, in substance, that on the 10th day of May, 1857, there was organized at Dubuque,
The plaintiff then sets out what he claims to be the interest of some of the lot-owners and says: “That by reason
“ The plaintiff prays the court that an accounting may be had of the amount of land due him by virtue of the facts as hereinbefore stated and set forth, and that whenever the same is ascertained, the said trustee be decreed to convey to him as much of said strip of land as would reimburse him for said loss and shortage; that his title to the same be quieted as against the other defendants and their successors or grantees, and for such further relief aa in equity may seem just and proper.”
The defendant John G. Hartman, is dead, but the action proceeded against his sons, who answered, in sub-*, stance, that they admit the organization of the association, the trust character of the land purchased, and allege that the land was divided into eighty-four lots and conveyances, duly made to the several shareholders, eiglity-three in number, and the eighty-fourth lot was conveyed to William. Banner for services rendered the association; that the strip, of land in controversy is not in their possession, but is possessed by other parties who have acquired a title by adverse possession; that seven acres of the land were donated to John G. Hartman for his services in the discharge of the trust; that the plaintiff was not a cestui quetrust of said Hartman and has no claim upon him whatever; that three of the shareholder's have not come forward to claim a share in said land; that each grantee under whom the plaintiff claims title “took said lots from the trustee in full of all claims and demands which he had against said trustee (Hartman), and that therefore no
It is unnecessary to set out the substance of the other pleadings.
On the trial of the cause the court found that, as to the Hartmans, the amended petition fails to show any equity in behalf of the plaintiff, and as to the other defendants fails to state a cause of action. The court therefore found the issues in favor of the defendants and dismissed the action.
In the record we find the original petition, although no point is made on it. There is also the summons and return, although the defendants appeared in the case. Then there is an amended petition, etc. These unnecessary papers tend to incumber the record and consume the time of the court, as in order to ascertain what questions are in issue the pleadings are read in their order, and no time shóuld be wasted over papers not properly in the case; and the costs of such papers will, in all cases, be taxed to the party at fault.
Second — The judgment of the court below is clearly right.
"Where a trustee conveys to a cestui que trust in satisfaction of the trust and he is satisfied, being of full age and capable of contracting, his grantee cannot bring an action upon the trust agreement — in effect, to open up the trust and for a redistribution.
Third — It is very clear also that as each conveyance was made, the person receiving the same accepted it in full of his share of the trust’ estate, and the trustee was thereupon, in effect as to that trust, discharged, and as to each, the statute of limitations began to run from that time.
It is not the policy of the law to keep alive stale claims, ,and enforce them after many of the witnesses are gone, no one knows where, or are dead. This trust was undertaken
Affirmed.