Omaha daily bee., 1902-08-11
SUPREME coURT sYLLARI.

SUPREME COURT SYLLABI.
lsOss Bennett against Bennett Appeal
rom Boyd county. Affirmed. Pound. c.
"A. pleintln who describes hinssif ss
guardian of another will be taken to sue
sonal capacity where the Allegations Of me
clearly that such was bis intent. nOtwith-
pressly that he sues ''as guardian"
= judgment Of q court OF general
valid. Hence IN p plead sS I suc sss1la5 iu enc
ment u - enough. to allege is rendition,
me court ny, which Il vas rendered. and:
notice e taken, that II IL one OF general
1nrisdictlon, without eettine forth in detail
the Facts whereby Jurisdiction was acquired
g. Section III, Code civl Procedure ap-
plies only to courts or tribunals Of special
4 The county courts OF this state are
courts of general jurisdiction as to an mat
tiers Of probate, settlement of estates and
s. A guardian appointed under section IA
chapter xxxiv. Compiled Statutes. VINO sues
need not join the ward a. ! psrty plain.
,I y Leave e Of the court which appointed
him to bring such 4 suit.
2. Evidence having been adduced IN sup
port OF the allegetfons OF h petition with
out objection. n Judgment having been
rendered thereon. the ,pieadlnFs Win Be
construed literally, and mere lack Of
es sH : facts es S wiif nos sene Sosse9pns os
long as such allegations are not wholly
g. IN a suit to cancel a conveyance BY an
old mar alleged to have been of weak
mind. aileeations that the defendant repre-
land. that they were intending to bring an
procure q Judgment by false SviSsn ssis ana
cause the land to be sold TO satisfy it
Seiens SopV eEom, 20 me e. ~of ho16 mt 5n nat the ne
trust and rcconvey II: that such representa-,
tons were false; that the conveyance was
cured by said false representation In con-
Weakness ana shiIdissssss q the sfsnsor.
q In view Of the other allegations as 70
the nature and circumstances Of the con-
Out eon:i2 sns si1sa sussci SSa stsses I FACT
q sac sSsinst Hobbs. = Ia. u. 50 n ".
ia Although mental weakness may fan
short OF entire incompetency 70 transact
procure a conveyance by ~inequltabie means,
u Accurt Of equity Win se~futinize jsaI-
ground for holding that influence has been
acquired over q person OF weak mind and
II. The circumstances under which a con-
yeyance was made. the condition OF the
grantor AZ the time. and the injustice to
such as TO cast upon the grantee tina
burden OF showing that It Is untnintod
but Is the intelligent and deliberate act OK
/. While the vendor ana yendee must
vendor. it Is sunscieSt fof that purpose to
the vendor and knowiedes Of that intent
by the vendee, or OF suficient facts to put
a person. Of ordinary prudence on inquiry.
one Of his creditors In payment Of d pre-
existing debt. viii not be held void merely
tent SsssS apoa sn ths s5 ps4s 81 a fSs d DSsSs q % s an an
conveyance does not cover more property
the indebtedness existing. In order 10 avoid
such sale Il ts not snfaeIent to show that
uctpated In the fraudulent intent Of his
ISIS. conover against wright. Error
from Webster county. Judgment. Kirk
patrick. c. Division No. l. Unreported.
! In 2 suit for the foreclosure Of = me
but before making findings Of fact or pro-
nouncine Judgment, the district court I'D
and the Judge r9turne6 60 his home IN an
other court. Court did not ~reconvehe on
the day named. but on that day the clerk
n. $500 hHNAA 80 1W"M"I I'll"
randa OF his findings and decree IN tho
case. which ne entered Of record. Al the
part Of defendants n the cass 10 correct sn seff
the record te show that no decree was, IN
fact, entered. was oyefruled Held. erfer
tudgs a. chambers In q wechauic'a liens
forGcioessr T. pun aud void.
3. A judgment rendered IN a court other
than that IN which the cause waa tried,
unless there has been a change OF venue 70
such county, Sc invalid
against Leisure. Error from Custer couhf.
Reversed. Instructions, Albert. 6. DiVf-.
i. Taxes assessed on personal property are
a lien, not only on the personal property
assessed. but 81 AL such properly subse-y
list 4 delivered TO the county treasurer and
a subsequent purchaser OF such properly
takes Il eubJeot % lien d
broader than the verdict. Is erroneous.
nIsz. Martin against cornell Error from
DIXON coenty' Aulrmed Hastings, c.
1 Certain evidences rendered by plaintiff
held properly excluded ~ not material
2 INSTRUCTIONS. which. ~ = whole. falriy
eubmit the matter IN ~confrQtersy Win not
some respects not compiSined 81
li61 Jotine against Maxwell. Appeal
tom Douglas county. Barnes. G Division
IA mortgage executed upon a tract Of
land ~ the owner or an undivided one-haif
half owned By another without ne Joins IN
such conveyance.
q When the property n partfuonod By
proper decree Of the court, the mOrtgaF3
attaches as a lien upon that portion set on
TO the mortagOr and his granteea and the
or owners o. the other portion Of the
land al II Invested Of the morfeaes ufn-
3 Where pls4dings are not marked. Hle4
BY the clerk. but are treated By the trial
court a. though they were actually Tiled.
they. WIN Be 90 treated on appeal 10 fhii
court
& 1911 n ~ aft1p toP
menla voluntarily placed on the nroDartv
BY q Joint owner or c0-tcnant and "a IL aD-
parent mat the value OF such improve
on aaaInet each other. Il foFtneg annaarine
UHN MaTun1a AGAINST nnhrka Wrrr1