Omaha daily bee., 1890-09-25
county Affirmed, Opinion by Chief Jus
tico Cobb

COuhNy, AHlrIieu' OpihiOh oy ShUl Jus
tice Cobb.
I. The plcadiugs and evidence examined
and held to susta ain the Judgment
2. Ina suit where the relief deman ded con
ssts In the correction OF q mistake In The
drafting and recordingof a deed conveying
lands thirty years be fore the commencement
ofsuch suit, and the correcting Of the mis-
take involves no change OF actual possess ion
ordiSturbance ofinvcstments made by the
party against whom the corec tiOn is sought
and leaves the enjoy mCnt OF the property 10
SO on IN harmony with the prior acts OF tho
parties in interest the statutes of Limitation
being pleaded. Held that the statute began
torun upon the discovery OF the mis- take or
ofsuch fact or facts as would put n person OF
ordinary intelligence and prudence on an in.
quiry, which is pursued would lead to such
discovery. 0rmsby VS. Longworth, II q. st.
653
Detwller VS. Detwiller Appeal from
Douglas county. Reversed and bill dismissed.
Opinion by Mr.. Chief Justice Cobb.
j. B. D. boughtcer city lots, paying for
them with his own means, aud 10y his dircc.
lion the deed tn herefor was made by the ven.
dor and grantor5 to M, A. D., mother of j..
BID. Held trust in said lots resulted In
favor OF j. B. d., but II the title was thus di.
rectsd to be made to M A. d. for the purpose
and inten tion of defrauding the creditors Of
said j. B. d., he being inSolvent and ntem.
plating bankruptcy, could not enforce such
trust by action, but the legal title afterwards
equitable claim of other heirs of NJ. A. D.,
she being deceased.
Brugmanvs VS. Burr Error from Lancaster
county, Affirmed. Opinion by Chief Just.
ice Cobb
|. The plaintiff was owner of a store house
In Lincoln of which defcndent was tenant,
under,a written lease, the rent payable
mon thly. The rent being In arrears about
four mOnths, the defendant gave plai n tin
three short time interest bearing negotiable
uOta A 4. Al
string TO enlarge his storehouse, the parties
entered in to an agreement which was en.
lon the lease, and bywhich d efen dant
iclinqushe cd all his right, title and interest
III said lease reServing the right to remove
his stock within fifty days Of the day thereof,
Burr to have the rightto go on with the i'm.
pOvements. Within fifty days the plain tiff
pulled down the rear wall, removed a part OF
the roof, took up the sidewalk and made OK.
cavatiOn for an area in front. The notes
having become due, suit was brou Q ht there
on. Tho defendant set up counter CLAIM: l.
Damage to his stock of hardware kept in the
store by plaintiffs removing the roof and al,
lowing the rain to enter and food the store.
room: 2 Damage to his business by reason
OF taking up the sidewalk and excavating in
front Of the store. Held, that such damages
were not the subject Of counter claim, not
arising out OF the contract or transaction set
forth in the petition as the foundation of tho
plain tif's claim, nor connected with the sub
ject Oftbe plaintiffs action.
Maxwell j., dissents from the first action.
2. Before replying to the answer plaintiff
movedto strike out the words OF the second
clau Sc Of the counter claim as inadvertant
and irrelevant, which motion was sustained.
Held, not reversible error.
Q. The objection that n counter claim fails
tostate facts sufficient to conttitute cause
ofactiop, or de tense to the action, may bo
taken &C any stage of proceedings, or upon
error or appeal.
Gustave Kroeger, esq.,, of Douglas county
was admitted to practice.
Baldwin VS. Ethea. Defendent ordered 10
file briefs by Tuesday, September 30, 1890.
The foil owing causes were argued and sub.
mltted; NcClay VS. Lincoln, San dford vs.
Munfor
Court adjourned to Thursday, September
30, 1890, at $50 a. m.
ODDS AND ENDS.
restaurant and fruit stand belonging TO
II, e. Leedom and V. G. Day was closed up
last evening to answer judgments secured by
Edwin W. Allen and Brown Il House who
held claims res pectivey for 500 and $37.
Mike McCann, a hack driver was arraigned
before Justice Brown yesterday afternoon TO
explain his actions in catching hold of n col.
ored girl and tearing her dress nearly from
her body in his efforts to get her into tho
hack.
AL Vance and A. w. Petit who are work
ing on a building at fourteenth and T. had
dispute as to w here some brick should be
dumped. Aquarrel ensued and Vance, who
is a colOred man, gave Petit terri bic beat
ing. He was arrested.