Omaha daily bee., 1899-05-28
awfullv dispose of them to pay or secure

lawfully dispose of them to pay or secure
the just claims Of any of his creditors.
g. a fraudulent vendee of property may
lawfully mortgage the same to secure
bona fide creditor of the fraudulent vendor.
The consent of the vendor to such disposi-
ton of the property is Implied in the con-
veyance by which he invested the vendee
with the title.
a. A pre-existing debt already due Is a
sufficient consideration for the execution OF
a mortgage securing the same.
S. A mortgage given to indemnify surety
or guarantor is in legal effect security
to the owner of the d:bt, even though ne
did not originally rely on 1t or know OF its
existence.
g. An assignment of a fraudulent mort
gage to secure a creditor or the mortgagor
Is valid without any consideration moving moving
from the ssignee to the assignor. Such
transaction is in substance release of the
fraudulent mortgage and the execution Of
new mortgage by the debtor to his creditor.
7. Whether a merger results from the
possession by the same person at the same
time of two estates OF differen; rank II, in
the same property depends scnerahy on
! the intention of the owner.
| s. The appointment of receiver Is In the
! nature of an equitable execution. BY 1t
! THE court Is able to reach on.y the actual
| interest. of the debtor in the property I'M
No SSg6. Little against Cross, dismissed.
Error from Pierce county. Norval, j.
! /. A petition in error. VII be dismissed in
the absence of an authenticated trans Cr.pt
! Of the judgment or final order sought to
! No. SSSS. Clark against Douglas, af-
' IliIilcu' FL VI lioih NSudi County, 'ioA
/, The failure Of q, county judge to pay
| to his successor in office or the person enti-
tied thereto money which was deposited
, with him in condemnation proceedings con-
! stitutes a breach of the obligation of his
J official bond and there accrues cause of
| action in favor of the person camaged by
SAID sal breach; &C G." j, g. G. r. Co. snh against
Ph,D9tt q r. W. 800 % Neb S2 SielIand Pa
Req. 700
2 Bonds of county officers must be in
form joint and seVera.. Section 3, chapter
| X Com1led Statutes,
3. If the bond is given and approved the
office obtained and enjoyment of the fees
and emoluments, in an action on the bond
for damages for a breach of the obligation
it will not in favor of the signors of it be
be held good to the extent 1t in form com.
plies with the statutory requirements ir
such regard
there is money which he received during
the firsC term for which he has not ac'
counted or has not paid to the person t
evidence to show the actual date of tn,
miisappropration If any, the presumption
viii! prevail that the money continued in hi!
official Gus tody until proof is adduced tC
the contrary.
5. The neglect of the creditor to prose
cute a claim against the estate OF a de
ceased surety does not effect the release o
co-suret!es.
6. The evidence was sufficient to authorize
the peremptory instructor given.
I. Under the conditions and circumstance
existent the ruling of the trial court on
motion to strike out certain designated
testimony was a discretionary one an
there being abuse of the discretion tn
error, If any, is unavailable.
s. Exclusion of offered testimony ex
amined and held not erroneous.
No. 10j07. Woodward against state ex r.
Thomssen. Reversed. Error from Hal
county. Norval, j.
l. The mere payment of the costs by a
unsuccessful litigant Is not a waiver OF tn
right to appeal or prosecute error from tn
judgment rendered on the merits.
g Under section II. chapter X, Compile
Statutes, the incumbent of public offic
troll who Is reelected shall not have n!
bond approved until he has produced an