Reed v. Morton

• Decision Date: 07 November 1888
• Citation: 40 N.W. 282,24 Neb. 760
• Parties: REED v. MORTON.
• Court: Nebraska Supreme Court

24 Neb. 760

40 N.W. 282

REED

v.MORTON.

Supreme Court of Nebraska.

November 7, 1888.

Syllabus by the Court.

Where a wife executes a deed of her real estate, leaving the name of the grantee, the amount of consideration, and the date blank, and delivers such deed to her husbandfor the purpose of enabling him to sell and convey said real estate, such deed, duly filled up, in the hands of a bona fide grantee, who purchased the land from the husband, and paid the consideration therefor, will be sustained.

Where a wife executes a deed in blank as to the name of the grantee and in other respects, and delivers such deed to her husband, to sell and convey her real estate therein described, and the husband thereafter sells said real estate, and fills the blanks in said deed and delivers said deed to the grantee, and the wife knowingly uses a part or all of the consideration received therefor in her business, she will thereby ratify the sale and conveyance.

Appeal from district court, Saunders county; POST, Judge.

Action by Lottie G. Reed against R. B. Morton to quiet title to land in Saunders county. Judgment for defendant, and plaintiff appeals.

S. H. Sornborger, for appellant.

N. H. Bell and G. W. Simpson, for appellee.

MAXWELL, J.

This is an action brought by the plaintiff to quiet the title of certain real estate in Saunders county, of which she claims to be the owner. The defendant, in his answer, alleges “that on or about the 20th day of August, 1881, he purchased from the plaintiff, Lottie G. Reed, and E. O. Reed, her husband, the lands mentioned and described in the plaintiff's petition, for the sum of nine hundred dollars in cash, which said sum defendant duly paid therefor; that at the time of said purchase as aforesaid, and the payment of the said nine hundred dollars, plaintiff and E. O. Reed delivered to this defendant their deed of general warranty to said lands, duly signed and acknowledged, and defendant took possession of said lands; that at the time of the purchase of said lands by this defendant the same were raw, uncultivated, prairie lands, without improvements of any kind, and were not worth to exceed the sum of nine hundred dollars, which was a reasonable and fair price therefor; that prior to the time of the purchase of said lands above described, and during negotiations for the purchase of said lands by this defendant, the said E. O. Reed, as agent for plaintiff, was conducting negotiations, and exhibited to the defendant a deed of conveyance, duly signed and acknowledged, containing the usual covenants of warranty, and complete in all respects, except the name of grantee, the date of signing, and the amount of consideration; and that at said time, and for a long time prior thereto, the said E. O. Reed, as agent for Lottie G. Reed, transacted all her business, and negotiated the purchase of said lands, apparently having full and complete authority in the premises; and that at the time of the purchase of said land, and the payment of the consideration of nine hundred dollars therefor, the deed delivered to this defendant was signed by the grantors, Lottie G. Reed and Elias O. Reed, duly acknowledged by them, and was a perfect and regular deed in all respects. Defendant further says that subsequent to the execution and delivery of the deed and the payment of the nine hundred dollars, as hereinbefore set forth, and about September, 1881, the plaintiff removed and became a resident of Wahoo, Saunders county, Neb., where she continued to reside and do business until about November, 1883. ...