Hardin v. Sheuey
| Decision Date | 15 May 1894 |
| Docket Number | 5442 |
| Citation | 58 N.W. 1131,40 Neb. 623 |
| Parties | EDGAR E. HARDIN ET AL. v. JOSEPH SHEUEY ET AL |
| Court | Nebraska Supreme Court |
ERROR from the district court of Gage county. Tried below before APPELGET, J.
REVERSED AND REMANDED.
L. M Pemberton and F. B. Sheldon, for plaintiff in error Hardin.
C. E Bush and Griggs, Rinaker & Bibb, for plaintiff in error Buckley.
Rickards & Prout, J. E. Bush, and N. T. Gadd, contra.
On the 26th day of May, 1887, Joseph Sheuey was the owner of two hundred acres of land in Pawnee county. On this day he conveyed it to one Herman Kludas. On the 23d day of August 1887, Kludas and wife conveyed the land to one E. J. Miller, and on August 24, 1887, Miller conveyed forty acres of the land to one S. A. Gadd, and on the same date S. A. Gadd and her husband mortgaged the land to one Truesdell for $ 400. On the 6th of October, 1887, Mrs. Gadd and husband made a second mortgage upon this land to one Geer. On the 7th of November, 1887, Mrs. Gadd and husband conveyed this forty acres to said Geer, and on the 2d day of January, 1888, Geer deeded the forty acres to one Edgar E. Hardin. On August 27, 1887, Miller mortgaged one hundred and sixty acres of the two hundred acres of land which was conveyed to her by Kludas, to S. A. Gadd for $ 1,500, and on August 30, 1887, this mortgage was assigned to one Edee. On the 16th of September, 1887, Miller conveyed the one hundred and sixty acres of land to L. M. Buckley. S. A. Gadd was the wife of Nathan T. Gadd, a lawyer, we are sorry to say, then residing in Liberty, Nebraska. E. J. Miller was a sister of Mrs. Gadd. Hardin obtained title to forty acres of the land as follows: In May, 1887, and from that time until January 1, 1888, he was in copartnership with Geer, conducting a banking and loan business. About the 27th of May, 1887, Sheuey made a note to Nathan T. Gadd for $ 500. This note Gadd sold and indorsed to Geer & Hardin, after they had ascertained from Sheuey that his note to Gadd was a valid obligation. In August, 1887, Gadd applied to Geer & Hardin for a loan upon this forty acres of land, the title to which his wife held by the deed from Miller, and Geer & Hardin placed a loan of $ 400 on the land for Gadd, or Mrs. Gadd, the mortgage being made to Truesdell. At this time Gadd was also indebted to Geer & Hardin, and to secure his own debt and the Sheuey note he made the mortgage to Geer on the 6th of October, 1887, and these debts remaining unpaid, Gadd and his wife made an absolute deed of the land to Geer on the 7th of November, 1887; but this deed was intended as a mortgage. January 1, 1888, Geer & Hardin dissolved partnership and in the settlement of their business Geer quitclaimed his interest in this forty acres of land to Hardin. Buckley claims title to one hundred and sixty acres of the land originally deeded by Sheuey to Kludas. His title came through Miller by the deed of the 16th of September,...
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