Omaha daily bee., 1902-06-21
SUPREME COURT SYLLABI.

1858. Hill against Schmuc-. Appeal from
Gage county. Reversed. Ames, c., depart
A conveyance without fraudulent intent,
by a solvent man, of lands to his wife or
consideration of his moral obligation for
the support and maintenance OF the
grantee, and in the absence OF evidence OF
transferred the entire title, both legal and
Squitabls: SO that the transaction cannot
creditors of the grantor.
,ll7Ol., County Of Harlan against Whitney.
RS d1SSl or from gepa HfT5en SSEn5y' Ah'rmed'
l. 4 creditor is entitled to enforce for
his own beneht any securities which the
way Of indemnity.
q. AS such securities are deemed in
for payment of the principal obligation, IL
the surety assigns them to the creditor,
the latter may enforce them. although the
discharging such obligation.
8. The contingent liability Of a principal
to the s%ureties upon his bond Is a sufficient
consideration TO support a mortgage given
TO indemnify such sureties after execution
and delivery of the bond and before 9
4 Where n deed by way of mortgage
recites that the grantee is trustee for
evidence is admissible to identify the bond
and the sureties referred to.
urer to Indemnity the sureties on his of
fcial bond is not illegal or void because
at the time 1t was given the grsntSr was
the mortgage was given to protect the
s%ureties in case a defalcation should ensue.
Of a county treasurer any other or further
security than the bond required by law,
sue sS1 tact Se does 10 se nST PesV siven II b Ir1 fbs taxins
urer to the s%ureties upon his bond for their
indemnity, either by way OF subrogation or
by procuring an assignment from the
4. Where no intention SO to limit It can
be deduced from the face of the instru-
ment or the circumstances of its execution,
the security of a deed absolute In form.
given to indemnify sureties, is not limited
but extends to the full amount for which
the %sureties ultimately prove to be liable.
in S al IaW have been had for the recovery recovery
Of the mortgage debt Is SUFFICIENT where
i1fs. Meeker a~gains', Larson, Appeal
from Lancaster county, Reversed with in
structions. DUNE, G., department No. g.
contract and is a creation OF equity, exist
ing solely for accomplishing the ends OF
saSs'a where the doctrine Is INVOKED siiS IN
addition to the inherent justice of the case,
clple OF equity Jurisprudence as recog-
nized and enforced by. courts of chanoery.
2. one who furnishes money for the
pppop real estate cannot claim subrogation
TO the rights OF the mortgage in the alb
s sSaf the Si mortgage ao IS to be Rept alive foE
his benent or that he shall be given a lien
on the premises in lieu of the one which
ii7s6' Martin against Estate OF Bond.
Error from Kearney county. Affirmed.
i Because litigation is pending inyolv-
ing the title TO one Of several parcels OF
real estate for which license Is prayed by
an administrator 20 sell for the purpose
OF paying debts owing by the estate, that
fact will not render erroneous an order
Of the district court, otherwise proper,
granting a license to sell such real estate
1870. Hotchkiss against alderman.
Error from LANCASTER; EeveTseS and dis
/. Within the meaning OF the statnte Of
limitations a court acquires Jurisdiction or
The person OF a defendant, by a voluntary
such appearance, and not at the date OF a
summons previously issued but not served.
mssl s%ith3PEemkts Error Tyg2sowmri'ihbs6 usi SS.
N In a case tried % the court without. a
Jury az n st 81 1mD4ope OF Evidence SfdeT SaS Sili G not 'b be
considered, because OF the rule mat the
admission of such evidence is not In itself
| Fowler II Neb.. 6l; Ward against Parlin.
" The hnding Of the court upon cues
tons OF fact Is entitled 70 the same weight
md Confederation as the verdict OF a jury;
where such finding Is based Upon CONNECT
ing evidence and upon a eareiul
saw that the hnding is clearly wrong. IL
will not be set aside,
8 II the consideration Tor the giving Of
a note is the suppression OF a criminal
prosecution the transaction Is Illegal and
Void and no recovery can be had thereon.
4 II is not material In such 2 case that
| menced. A promise not 10 institute a pro-
s~ecution IL as illegal a consideration as ths
dismissal OF a prosecution already insu-
tuted.