Omaha daily bee., 1888-01-06

trlal, 1or tne purpose OF enabling the jury to
compare the facts and results Of shch trans
action with those of the case on trial, and in
that manner impress them with tho sound
ness Of his opinion or Judgment, held, error.
9. To avoid sale upon the ground that it
Is fraudulent as to creditors, the. purchaser
must have knowledge of the fraudulent pur-
pose of the seller, or have notice of such facts
tending to show fraudulent purpose as
would put man of ordinary prudence on in
qury. Temple VS. Smith, 10 Neb., 5l3
Colvin VS. Republican Valley Land associa-
tion. Error from Furnas sounty
Affirmed. Opinion by Reese, Ch. J. not sit
tings.
/. In an action in ejectment IL was stipu-
lated between the parties that certified copies
of the record of deeds should be used in evil
dence without proof of the loss Of the origin
ais, and that such copies contained all that
the originals contained. Plaintiff
offered in evidence a certified copy of deed
executed by the Lincoln Land association, u
corporation, which was objected TO for the
reason that the copy did not show that the
original deed was under the seal of the cor
poration, that is, that no impression of the
seal was thereon. The objection was over
ruled and the copy admitted. Held, correct,
it being rccted in the deed that the seal of
the corporation was thereunto affixed.
9. The statute of limitations will not run in
favor of an occupant of real estate, unless
the occupancy and possession are adverse to
the true owner, and with the intent ond pur-
pose of the occupant to assert his ownership
OF property. His possession must be as
owner, and adverse TO every other person.
3. In an action III ejcctmcnt by the vendee
against the vendor, the only defense pre-
scnted by the answer was general denial
of the allegations of the petition and a plea of
the statute Of limitations. On the trial the
defendant sought to prove that he had not
been paid the consideration for which he sold
the land. The testimony was excluded.
Held, correct, as no equities were presented
by the answer.
Hays VS. MERCER. Appeal from Chase county
Reversed. Opinion by Reese, Ch. j.
|. Where plaintiff filed his petition in equity
in the district court, and to which defendant
presented demurrer the ground for de-
murrer being that the petition did not state
the facts sufficient to constitute a cause of
action, and such demurrer being sustained,
it was held that neither a motion for new
trial, nor bill ofexceptions was necessary in
order to obtain review in the supreme court
by appeal.
2. An affidavit for mechanics lien in the
following form:
estate of Nebraska,
Chase County.
]. Z. Hays being first duly sworn on his
oath says that the foregoing account of work,
labor and skill, is "a true and correct account
of the work, labor and skill done and per.
formed, and furnished by this affiant for the
said Thomas Mercier under verbal con-
tract for the erection of a storchouse build
ing for the said Thomas Mercicr upon the
following described lot, piece or parcel of
land viz: Lot number one in block number
four in the town of Imperial, Chase county
Nebraska according to the recorded pat
and survey of said town, now of record in
the Office of the county clerk Of said county
And this affant further says that he has and
does hereby claim a lien on the said premises
as above described for the full amount of his
said account for labor work and skill, to wit,
the sum of Sl61.5O together with interest
thereon at the rate of per cent per ;,nnum
from this date. and further atfiant says not ~
Held, sufficient when assailed by demurrer.
PERSONALS.
Judge Cochran, of the Twelfth judicial dis
trict was at the capital yesterday filing his
oath of office.
Speaker Harlan came down from York
yesterday to attend the meeting of the board
of transportation and its discussion Of tho
rate question
Judge Samuel Maxwell, of the supreme
court, filed his oath of Office yesterday with
the secretary of state.
Brad Slaughter, of Fullerton, is in the
city hurryiug up the work on the house Jour
nal that have not yet passed the printers
hands
Judge Appegate, of Tecumseh, S. y.
Davidson, of Tecumseh, and ex-Surveyor
General u. V. Stephenson, of Richardson
county, were visitors at the state capital yes
terdayc