Omaha daily bee., 1902-12-27

that judgment has been obtained against
the party whose debt the mortgage was
made to secure, and that tn. sheriff has
made a return to an execution issued on
such Judgment mo property found"
4. Where the creditors of a bank agree
20 al extension of time OF the payment of
their claims on the condition, among others,
that certain of the stockholders of the
bank shall secure the payment of such
claims by the execution Of a trust deed to
real estate, the grsntors in such deeds can
not by an agreement among themselves
and without the consent of the creditors
determine the order In which the trust
company shall be sold or compel the cred
itors to exhaust the property OF one before
that of another Is resurted to.
8. Where a trust deed is made to secure
the payment of certificates of an insolvent
bank and contains a condition that upon
the aymen Of the sum of $4,000 to the
to the grantor, the payment of such sum
to the trustee entitled the. grantor to a re-
conveyance, but the purchase by the gram
cially of debts of a class not secured by the
trust deed, does not release the trust estate
from liability.
{. One who purchases land with knowI-
edge or notice that another holds a lien
against the same TO secure the payment OF
a debt takes the land subject to such lien,
although the same has not been recorded.
1924; Burke against Tewksbury. Appeal
sion No. 3. Unreported.
l. In an action to subject real estate. the
title to which is held in trust, to the pay
ment Of a Judgment against the cesuit que
trust, II is immaterlal whether the cesui
que trust was insolvent or indebted to the
Judgment creditor when the trust was
2. Evidence examined and held sufficient
to sustain the decree of the district court.
Fire Insurance Company. Error from
Frontier; Affirmed. Ames, c. Division
When the plaintiff has rested his case
without sufficient evidence to sustain a
verdict In his favor the court should in
struct the fury to return a verdict for the
l2s5S. Mathieson against Omaha Street
k kairwsy cSSm mesi z P bTTST 5r %0 Douglas Fnqs.
ported.
order to be permitted to give his opinion of
the rapidity of motion OF familiar objects
like railway trains and street cars, but he
must be shown to have had, and to have
servation of the case in hand.
2. An ordinance regulating the speed of
electric street cars ~ immaterial in a case
In which 1t is not shown at what rate of
speed a car, alleged to have caused an in
jury, was, in fact, at the time moving.
from Lancaster. Affirmed. Lobingier, C.
Division No. 1. Unreported.
i A petition in an action to recover the
value OF corn which sets forth the corre-
spondence between the parties may be
open to the charge of pleading evidence,
but II the correspondence dlscloses that the
price and terms Of payment were commune
Gated to the prospective seller, though no
particular corn was mentioned, the petit
ton Is not, on account of such omission,
Objectionable as failing TO state a cause of
action, II 1t also alleges the delivery of the
corn.
2. A purchaser of land at execution sale is
confirmation.
8. One who has purchased corn relying
upon the title of the seller. but who Is later
advised Of the claims of a third party, may
protect himself in the event of suit on. be-
davit in the nature of a bin OF interpleader
provided for by section As of the code.