Crabb v. Morrissey

• Decision Date: 13 January 1891
• Citation: 47 N.W. 697,31 Neb. 161
• Parties: CRABB v. MORRISSEY ET AL.
• Court: Nebraska Supreme Court

31 Neb. 161

47 N.W. 697

CRABB

v.MORRISSEY ET AL.

Supreme Court of Nebraska.

Jan. 13, 1891.

Syllabus by the Court.

Evidence held to sustain the findings and judgment.

Appeal from district court, Lancaster county; FIELD, Judge.Cornish & Tibbets, for appellant.

Pound & Burr and O. P. Davis, for apellees.

NORVAL, J.

Prior to the 25th day of May, 1887, the defendant, Frank Morrissey, was indebted to plaintiff in the sum of about $900. On the said 25th day of May, judgment was rendered against Morrissey, in favor of plaintiff, in Lincoln county, Neb., for the sum of $199.85, and costs. On the 2d day of June, 1887, a second judgment was rendered against Morrissey, and in favor of the plaintiff, for the sum of $32.15 and costs, in same county. On the 5th day of July, 1887, a third judgment was rendered against Morrissey, and in favor of plaintiff, for the sum of $665.91, and costs, in Frontier county. On the 3d day of July, 1887, transcripts of the first two of these judgments were filed with the clerk of the district court of Lancaster county, Neb., and on the 11th day of July a transcript of the last judgment was similarly filed. On September 13, 1887, executions were issued on said judgments, which were subsequently returned unsatisfied. On the 25th day of May, 1887, Morrissey was the owner of 320 acres of land in Lancaster county, and on that date, by warranty deed of himself and wife, this real estate was transferred to the defendant Patrick Jones, who is the father-in-law of Morrissey. On the 27th day of May, Jones and wife transferred the real estate by quitclaim deed to defendant Mary Ann Morrissey, the wife of defendant Frank Morrissey. On the 9th day of August, 1887, Mary Ann Morrissey and her husband conveyed said real estate by warranty deed to Louis Meyer, which deed was filed for record on September 27th following. On the 17th day of September, the plaintiff commenced this action against defendants Frank Morrissey, Mary Ann Morrissey, Patrick Jones, and Mary Jones, for the purpose of setting aside the two deeds first above named, and subjecting the property to the payment of plaintiff's judgments. Subsequently, on application of Meyer, he was made a party defendant. The trial court found the issues in favor of the defendants and dismissed the action. The plaintiff appeals.

It is undisputed that the conveyances from the Morrisseys to Jones, and from Jones and wife to Mrs. Morrissey, were colorable, and without consideration. The boda fides of the transfer to Meyer is questioned. The record shows that a few days prior to August 9, 1887, Mrs. Morrissey went to Meyer and proposed to sell him the land involved in this suit, saying that the mortgages against it amounted to considerable, and that she did not see her way out. He informed her he would think it over, and for her to come in again. On August 9th, Mrs. Morrissey called to see him again, when he made her an offer of $7,000 for the place, which was...