Jensen v. Wroth (In re Wroth's Estate), No. 28780.

CourtSupreme Court of Nebraska
Writing for the CourtGOOD
Citation125 Neb. 832,252 N.W. 322
PartiesIN RE WROTH'S ESTATE. JENSEN v. WROTH ET AL.
Docket NumberNo. 28780.
Decision Date22 January 1934

125 Neb. 832
252 N.W. 322

IN RE WROTH'S ESTATE.
JENSEN
v.
WROTH ET AL.

No. 28780.

Supreme Court of Nebraska.

Jan. 22, 1934.



Syllabus by the Court.

Title to automobile can be transferred between living persons only by compliance with sections 60-310 and 60-325, Comp. St. 1929, relative to such transfer.


Appeal from District Court, Douglas County; Fitzgerald, Judge.

Proceedings in the matter of the estate of Leroy Chatwin Wroth, deceased, wherein Emma Jensen filed petition for order directing Alonzo D. Wroth and another, administrators of the estate of Leroy C. Wroth, deceased, to deliver an automobile to petitioner. From an adverse judgment, petitioner appeals.

Affirmed.

James H. Hanley and Thos. J. O'Brien, both of Omaha, for appellant.

Dorsey & Baldrige, of Omaha, for appellees.


Heard before GOOD, EBERLY, and DAY, JJ., and BLACKLEDGE and RYAN, District Judges.

GOOD, Justice.

This action involves the ownership of an automobile. Plaintiff claims title by gift from Leroy C. Wroth. Defendants deny the gift.

Wroth died in August, 1931, and his estate is being administered in the county court of Douglas county. Plaintiff filed a petition in that court, alleging the gift to her by Wroth, and praying the court to direct the administrators to deliver the automobile to her. The trial in that court resulted in a judgment for the estate. Plaintiff appealed to the district court, and on the trial there, after plaintiff had introduced her evidence, the court directed a verdict for defendants. From that judgment plaintiff has appealed.

The question involved is: Was the evidence sufficient to require the submission of the cause to the jury? The only evidence of the gift by Wroth to plaintiff was oral statements claimed to have been made by Mr. Wroth in the presence of one Miss Williamson and a Mr. Lindsay. In effect, they testified that Wroth said in their presence that he had given the car to plaintiff; that it was her car, and she was to take it home and keep it. There is no evidence of any bill of sale and transfer by Wroth to plaintiff in the manner provided by sections 60-310 and 60-325, Comp. St. 1929.

Section 60-310, in part, provides: “Upon the transfer of ownership of any motor vehicle, its registration shall expire, and the person to whom ownership of such vehicle is registered, and the person to whom ownership of such vehicle is to be transferred, shall forthwith join in a statement of said transfer, endorsed upon the reverse side of the certificate of registration of said motor vehicle, in the space provided for said purpose, which statement shall be signed by the...

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7 practice notes
  • Loyal's Auto Exchange v. Munch, No. 32791
    • United States
    • Supreme Court of Nebraska
    • 26 Enero 1951
    ...to the transfer of the ownership of motor vehicles. In deciding a similar question involving this legislation in In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322, the court set forth sections 60-310 and 60-325, [153 Neb. 636] These acts are therein set forth as follows: 'Section 60-310, in......
  • State Farm Mut. Auto. Ins. Co. v. Drawbaugh, No. 33547
    • United States
    • Supreme Court of Nebraska
    • 23 Julio 1954
    ...living persons only by compliance with sections 60-310 and 60-325, Comp.St.1929, relative to such transfer. See In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322; Mackechnie v. Lyders, 134 Neb. 682, 279 N.W. 328; In re Estate of Nielsen, 135 Neb. 110, 280 N.W. 246. The 1939 act did not chan......
  • Jackson v. James, 6075
    • United States
    • Supreme Court of Utah
    • 10 Abril 1939
    ...car, and he or some party with knowledge sues, the courts invoke the principle of estoppel to protect the buyer. In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322, it was definitely held that the plaintiff Emma Jensen could not claim a gift from LeRoy C. Wroth. The only evidence consisted o......
  • MacKechnie v. Lyders, No. 30250.
    • United States
    • Supreme Court of Nebraska
    • 29 Abril 1938
    ...was submitted to the jury, placing the burden on the plaintiff to prove that Lyders owned the bus. This court held in Re Estate of Wroth, 125 Neb. 832, 252 N.W. 322: “Title to automobile can be transferred between living persons only by compliance with sections 60-310 and 60-325, Comp.St.19......
  • Request a trial to view additional results
7 cases
  • Loyal's Auto Exchange v. Munch, No. 32791
    • United States
    • Supreme Court of Nebraska
    • 26 Enero 1951
    ...to the transfer of the ownership of motor vehicles. In deciding a similar question involving this legislation in In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322, the court set forth sections 60-310 and 60-325, [153 Neb. 636] These acts are therein set forth as follows: 'Section 60-310, in......
  • State Farm Mut. Auto. Ins. Co. v. Drawbaugh, No. 33547
    • United States
    • Supreme Court of Nebraska
    • 23 Julio 1954
    ...living persons only by compliance with sections 60-310 and 60-325, Comp.St.1929, relative to such transfer. See In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322; Mackechnie v. Lyders, 134 Neb. 682, 279 N.W. 328; In re Estate of Nielsen, 135 Neb. 110, 280 N.W. 246. The 1939 act did not chan......
  • Jackson v. James, 6075
    • United States
    • Supreme Court of Utah
    • 10 Abril 1939
    ...car, and he or some party with knowledge sues, the courts invoke the principle of estoppel to protect the buyer. In re Estate of Wroth, 125 Neb. 832, 252 N.W. 322, it was definitely held that the plaintiff Emma Jensen could not claim a gift from LeRoy C. Wroth. The only evidence consisted o......
  • MacKechnie v. Lyders, No. 30250.
    • United States
    • Supreme Court of Nebraska
    • 29 Abril 1938
    ...was submitted to the jury, placing the burden on the plaintiff to prove that Lyders owned the bus. This court held in Re Estate of Wroth, 125 Neb. 832, 252 N.W. 322: “Title to automobile can be transferred between living persons only by compliance with sections 60-310 and 60-325, Comp.St.19......
  • Request a trial to view additional results

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