The daily appeal. [volume] (Carson City, Nev.) 1906-1907, 1906-06-15
Decision

y Decision
u. February Is, 1898, the plaintiff
-ss.aa 800 to William Bernard, now
ez.,-ss.zsi, and 20 secure the payment
~-s-.-as. ne decided to plaintiff On thai
ase me lands described il tie com
JAIN, and a. the same tine plaintiff
-e,-a-,4-t - to him a boaI for a deed !
v..a-eay ne agreed TO re-corvey tie
primary IN OF before February IS,
--5as crowded that he was paid "a c.
,gztare "a. date 500, and also SIS
s.-ual,y. On February 8, 1896 plant
~ Eaaued. Bernard the additional sum
p 1856 AID accepted as security -or
y-ss.i. AID interest 4 deed maze
~ z.air-.n al the time the $tVo was
f.r-aw ID, and By release made IL
r1-1s acknowledge ald recorded,
E=-a4-d then relieved him from al
ss.,-a ions resulting from tie bond
zaza February is, 1898, an1 there
1.sa1 plaintiff executed to BERNARD
1.w land, dated February s. 1895.
s.-1i:t5oned that plaintiff would make
.za5 Geliyer a good and sufficient con
14arg1.t+ az the property % Bernard,
7-caa dad Plaintiff was paid $1,000 On
~ 8eEo,e January !, 1900 and also
ysa Annually, and further provis.oned
"a :. Bernard paid these amounts
Ell he taxes he would be entitled to
a1i possession OF the premises
4 -=csipr and the statement or az
rsssqv, Of Bernard a short time be-
xoE as. death indicate that the Cn.E
CIV rsznr. we're on interest 10 the
III Iay of February 1897. He died
x -n.Iowlng year and letters test
s,neusa-y we're issued to his wldc*
IT harriet Bernard who has s.nce
Har-lel e J. Octh. Plaintiff de-
1a1s. arising OUT OF the above tran
.~1r-nnss was presented against the
-.E.s and by her as eXecutrIx was
p5e.sta OF August %. 1898. There
:, testimony indicating that she had
~znIslv RECOGNIZED the demand oE
asrdaayDnng to borrow money ior It's
a~,,re,,s On July q, 1901 the prep
aasS WAS set over to her by decree
II Ia-ihution. From a judgment de-
cy.M.ng the deed to plaintiff to be
u awcgage and ordering fore
ssxsH-a and sale Of the premises to
4x1ssEy the amount. Sl.3l.2o anu
zssa costs. found due to pialntif
H-s appeals.
Taa veil settled doctrine that
.x.e1 executed merely for the purpose
" ..cu,n. g debt will be construed
mortgage IS not assailed, but 10
x-zazlaut it is commended that as sui
~ not brought until April, l9ci
Err.s man STA years dlto4 ZIG "
,,so md the giving Of the last BON
sr February ), 1896. and more ina
se,ne gears after the time, January
7sgD txad tor conveyance 'nei'
zg-onc conditioned on payment, IN
rsxs, ia barred by the statute
T3r-,riaos Il is said ths
Er executing written release OF til
IT,. Bona and accepting new on
Es1aai, at the time he borrowe
ill., azs amount. 5000. Bernard q
rs. ,Efgn any writing agreeing
DAT OF acknowledging a debt, an
Uass therefore the obligation to p;
Oh Els part was merely verbal al
TzAli De barred in four years v
Ii R3t So view that transaction Mo
Kstr1ns ant in daily use, such as dee
n1xSes, notes, orders. drafts a
>Eends are signed by only one OF t
W-Ca7>b but are not for that reas
Senas .or half verbal. Although 3,
xa,r executed no note or writ!
krzesng to pay any money. he sign
y 12ed absolute in terms convey
rAe property to plaintlfI. and by Il
11 and the decree no more Is sous
tas0 10 under his signature obligat
znae2 to yield. In equity the
ans%'p Of the time for reconv
- " plaintHf, given by the 6
suHxe. Of the first bond and the