Nebraska Reports Volume 87

Nebraska Reports Volume 87

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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. 1911 edition. Excerpt: ... this case is this: Was the homestead of Jasper Allen Foster, at the time of his death, worth less or more than $2,000 over and above the incumbrances thereon'? If it were less than the said sum, we concede that the Helming v. Forrester. judgment of the district court was right, and should be affirmed." The plaintiffs, at the opening of their argument, also said: "The sole question involved in this controversy at this time is the net value of the Foster homestead at the time of the owner's death in 1889." Accepting these statements as the basis of our inquiry, the only question for our determination is whether the finding of the district court that the value of the homestead of Jasper Allen Foster, at the time of his death, was less than $2,000 responds to the weight of the evidence contained in the bill of exceptions. Without quoting the testimony of the witnesses, it is suflicient to say that after carefully reviewing the record we find that a fair preponderance of the evidence shows that at the date of the administrator's sale the homestead was worth about 2,400, and its net value, after deducting the incumbrances, was a trifle less than $1,800. This fact is established by the testimony of at least four witnesses as against one, all of whom seem to be of equal credibility, and with like opportunities for observation. This accords with the finding of the district judge, who heard and saw the witnesses. In such a case the judgment. of the district court should be atfirmed, and it is so ordered. ' ' Arriamin. CHARLES G. HEL.IIi'G ET AL., APPELLANTS, v. EMIL 0. Fonsusrnn ET AL., APPELLEES. FILED JULY 9, 1910. No. 16,065. 1. County Courts: -lI7RlSl)I('TlON. An em parte order confirming In a widow more

Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236796667
  • 9781236796660