Nebraska Reports Volume 8

Nebraska Reports Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...the note was renewed a number of times, the lfifit renewal being the fifteenth day of March, 1s7s. The First National Bank v. Bartlett. answer also alleges that the money expended in purchasing the lots in question belonged to Sarah F. Bartlett, and that lots 3 and 4 in block 251, in the city of Omaha, which had been occupied as a home for the family for a time, were sold in the spring of 1874 for the sum of $3,160, and the proceeds applied in improvements upon the lots in question, "together with other moneys belonging to the defendant, Sarah F. Bartlett." On the trial of the cause in the court below, a decree was rendered in favor of Mrs. Bartlett for the sum of $7,000, and declaring the same a lien upon the premises, subject to a prior mortgage, and subjecting the remainder of the property to the payment of plaintifl's judgment. The plaintiff appeals to this court. Wliere it is clearly shown that a husband has his wife's money, holding it in trust for her, and the proof is clear that it is a bona fide transaction, she may become his creditor. Monteith v. Bax, 4 N eb., 176. Aultmzzn v. Obermeyer, 6 Id., 260. And a wife may appoint her husband her agent to manage her separate property, and will be bound by his acts when within the scope of his authority. McMurh7/ '0. Brown, 6 Neb., 377. In the case at bar, the money was placed in the husband's hands by the wife for the express purpose of investing it in real estate for her, until such time as a suitable location for a home could be selected. This contract, when the funds were her separate property, in equity she had a right to make, even before the passage of the act of 1871 in relation to the rights of married women, notwithstanding the rule of the common...
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Product details

  • Paperback | 170 pages
  • 189 x 246 x 9mm | 313g
  • United States
  • English
  • black & white illustrations
  • 1236761502
  • 9781236761507