Ashby v. Greenslade

• Decision Date: 17 September 1890
• Citation: 30 Neb. 253,46 N.W. 427
• Parties: ASHBY ET AL. v. GREENSLADE ET AL.
• Court: Nebraska Supreme Court

30 Neb. 253

46 N.W. 427

ASHBY ET AL.

v.GREENSLADE ET AL.

Supreme Court of Nebraska.

Sept. 17, 1890.

Syllabus by the Court.

In an action of replevin, based on an agreement of the husband for the sale or incumbering of personal property, the testimony showed that the wife was the owner of the property, and that the husband had no authority to sell or incumber the same. Held, that a verdict in favor of the wife for the value of the property was right, and would be sustained.

Error to district court, Gage county; BROADY, Judge.Griggs & Rinaker, for plaintiffs in error.

L. M Pemberton, for defendants in error.

MAXWELL, J.

This is an action of replevin, brought by the plaintiffs against the defendants to recover the possession of the following described property, to-wit: “Seventeen bedsteads, seventeen bedsprings, seventeen wool mattresses, two husk mattresses, seventeen wash-stands, twelve wooden chairs, and one Charter Oak range cooking stove, with all its furniture; also one Mosler, Balman & Co. fire-proof safe.” The answer is a general denial. On the trial of the cause the jury returned a verdict as follows: “We, the jury, duly impaneled and sworn in the above-entitled case, find the right of property and the right of possession at the commencement of the action of a part of the said property consisting of all but the safe to be in the said defendants, and assess the value of the goods at $375, and assess defendant's damages at $10, and we, the jury, further find the right of property and right of possession of the safe in the plaintiffs.” A motion for a new trial having been overruled, judgment was entered on the verdict. The plaintiff's right to recover is based on the following agreement: “This agreement, made this January 31, 1882, between David Greenslade of the first part and W. H. Ashby and Samuel Wymore of the second part, witnesseth: That, for the consideration of the covenants of the said Ashby and said Wymore hereinafter contained, the said Greenslade sells and conveys to the said Ashby and said Wymore lots eleven and twelve, in block twenty-eight, in the town of Wymore, Gage county, Nebraska, and he hereby assigns the lease of the said premises to S. W. Jacobs to the said Ashby and Wymore. And said Greenslade also sells to the said Ashby and Wymore all the personal property, goods and chattels, furniture and fixtures now in said hotel on said premises, except such as belong to S. W. Jacobs, and warrants the title to the...