Hoagland Bros. v. Wilson

• Decision Date: 18 December 1883
• Citation: 18 N.W. 78,15 Neb. 320
• Parties: HOAGLAND BROS. v. WILSON.
• Court: Nebraska Supreme Court

15 Neb. 320

18 N.W. 78

HOAGLAND BROS.

v.WILSON.

Supreme Court of Nebraska.

Filed December 18, 1883.

Appeal from Gage county.

N. C. Abbott, for plaintiffs.

Lamb, Ricketts & Wilson, for defendants.

MAXWELL, J.

The plaintiffs are judgment creditors of W. F. Wilson, and brought this action to subject certain real estate in the name of Anna M. Wilson, the wife of W. F. Wilson, to the payment of their debts. The cause was referred by consent to a referee, who found in favor of the plaintiffs. The report was confirmed by the court, and the defendants, Wilson and wife, appeal. It appears from the record that Wilson, who was a contractor in Lincoln, bought lumber and materials of Hoagland Bros. from time to time, between the twenty-fourth of March, 1880, and March 21, 1881, to the amount of $613.99, upon which he had paid the sum of $400.73; that he had bought of the Chicago Lumber Company, lumber and material to the amount of $310.23, upon which he had paid the sum of $101.18. Judgments were recorded against him for these balances, and executions having been returned unsatisfied, this action was commenced. The record shows that in March, 1880, the title to the land in controversy was in W. F. Wilson. A judgment having been recovered against him, an execution was issued thereon, which was levied on this land. To give him further time to pay the debt, the attorney for the execution creditor in that case took a conveyance of the land to himself as security for the amount of the judgment, and, at Wilson's request, made a bond to Mrs. Wilson to convey said land to her upon the payment of the judgment. This judgment was paid about the first of June, 1880, and a deed made to Mrs. Wilson for the real estate in question. This deed was not filed for record until January 30, 1882, after all these debts had been contracted. There was no change in the possession of the land, Wilson continuing to lease the same and to collect the rents and profits the same after as before the conveyance, and held himself out as owner. The record also shows that in the year 1858, W. F. Wilson and Annie M. received of her own estate about $500, which W. F. reduced to possession; that in the year 1868 they removed to Nebraska; that in that year he purchased real estate in Johnson county and conveyed the same to his wife; that she afterwards exchanged this for land in Cuming county, which was afterwards traded for a team; that there was no contract between Wilson and wife...