this subdivision, shall be effectual to pass the estate contracted for, as fully as if the contracting party himself was still living and then executed the conveyance. [Id., § 113.] 2831 SEC. 333. [Record of decree.] A copy of the decree for conveyance, made by the court, and duly certified and recorded in the office of the county clerk in the county where the lands lie, or a copy of the decree of the court of chancery for that purpose, duly certified by the clerk or register of that court, and recorded as aforesaid, shall give the person entitled to such conveyance a right to the posession of the lands contracted for, and to hold the same according to the terms of the intended conveyance, in like manner as if they had been conveyed in pursuance of the decree. [Id., § 114.] 2832 SEC. 334. [Same.] The recording of any decree, as provided in the preceding section, shall not prevent the court making such decree from enforcing the same by any proper process according to the course of proceedings therein. [Id., § 115.] 2833 SEC. 335. [Death of person entitled to conveyance.] If the person to whom the conveyance was to be made shall die before the commencement of proceedings according to the provisions of this subdivision, or before the conveyance is completed, any person who would have been entitled to the estate under him as heir, devisee, or otherwise, in case the conveyance had been made according to the terms of the contract, or the executor or administrator of such deceased person, for the benefit of the person so entitled, may commence such proceedings, or may prosecute the same, if already commenced, and the conveyance shall thereupon be so made as to vest the estate in the same persons who would have been so entitled to it, or in the executor or administrator for their benefit. [Id., § 116.] 2834 SEC. 335a. [Completion of contracts made by a deceased person.] When a person who has entered into a written contract for the sale and convey. ance of an interest in land dies before the completion thereof, and his executor, administrator, or other legal representative desires to complete the contract, he may file a petition therefor in the district court of the county in which the land or any part thereof is situated; the application for hearing on such petition, and service of notice of the pendency of such action shall be made in the same manner as in actions against the representatives of a decedent to compel the conveyance of land, as provided in section 324 of chapter 23 of the compiled statutes, entitled "Decedents," and the heirs at law, devisees, or other legal representatives of the deceased vendor, when not plaintiffs must be made defendants in the action. [1889, § 1, chap. 60.] 2835 SEC. 3356. [Several contracts.] When there is more than one of such contracts so made by such deceased vendor in his lifetime, although with different persons, and for different tracts of land, which the legal representatives of such deceased vendor desire to complete, such contracts may all be described and included in one petition, and deeds may be ordered to the different persons entitled thereto, as provided in the next section. [Id., § 2.] 2836 SEC. 335c. [Jurisdiction of court.] The court, after causing to be secured to, and for the benefit of the estate of the deceased its just part and proportion of the consideration of the contract or contracts, may authorize the executors, administrator, or other legal representative to complete the same, and to execute a deed or deeds for and on behalf of the heirs at law, to the purchaser or purchasers which shall recite the order, and be as binding on the heirs at law, and all other persons interested, as if it or they had been made by the deceased in his lifetime. [Id., § 3.] SECS. 335a-335c. "An act providing for the conveyance of real estate by executors and administrators in certain cases." Passed and took effect March 12, 1889. Laws, 1889, chap. 60. MISCELLANEOUS PROVISIONS. 2837 SEC. 336. [Death, etc., of executor.] When an executor or administrator shall die, be removed from office, or resign, or when his letters shall be revoked during the pendency of any suit in which he is a party, the suit may be prosecuted by or against the executor or administrator appointed in his place, if any shall be appointed, in like manner as if it had originally been commenced by or against such last executor or administrator. [1869, § 1, 169. G. S., 342.] 2838 SEC. 337. [Foreign executor.] An executor or administrator duly appointed in any other state or county may commence and prosecute any action or suit in any court in this state, in his capacity of executor or administrator, in like manner and under like restrictions as a non-resident may be permitted to sue; Provided, That in case any executor or administrator shall have been appointed in this state, such person only shall be entitled to commence and prosecute actions or suits within this state in his capacity as such executor or administrator. [Amended 1885, chap. 48.] 2839 SEC. 338. [Appeal by executor, no bond required.] Every executor or administrator who may have given bond in this state, with surety agreeably to law, shall be authorized, in all cases of appeal from one court to anotherby him made, to prosecute the same without filing an appeal bond, such appeal to be prosecuted to the district court as appeals are now taken from courts of justices of the peace. [G. S., § 3, 342 ] 2840 SEC. 339. [Jurisdiction of judge at chambers.] The judge of the district court of the state may, upon the application of an executor, administrator, or guardian, to sell or dispose of the real estate of decedents, spendthrifts, or minors, hear and determine the same at chambers in vacation; Provided, That in all cases where the judge shall order a sale of any real estate, while sitting at chambers, he shall make out in writing a copy of said order, and cause the same to be filed in the office of the clerk of said court, and said clerk shall thereupon record said order, in the record book of said court, before any sale shall be made as aforesaid. [Id., § 4.] 2841 SEC. 340. [Sale of partnership property.] The county court which shall have issued letters testamentary or of administration upon the estate of a deceased partner may, upon due notice to all parties interested, authorize the executor or administrator of such deceased partner to sell at public auction his interest in the partnership property, and the surviving partner may be a purchaser at such sale the same as any disinterested party. The administrator or executor making such sale shall report his proceedings thereon to the court, and upon due notice to all persons interested, the court may confirm the sale, or, good reason therefor appearing, may set the same aside and order another sale. The court shall also direct the execution of such paper titles to the property sold as the circumstances require. [1883, chap. XXXIX, § 1.] 2842 SEC. 341. [Accounting.] The executor or administrator making such sale shall account for the partnership interest so sold at the price at which it shall be sold. [Id., § 2.] 2843 SEC. 342. [Settlement.] The executor or administrator of a deceased partner shall settle with the surviving partner all the dealings and transac SEC. 336. "An act in reference to executors and administrators and probate judges, and for disposing of the real estate of decedents, spendthrifts, or minors." Laws, 1869, 169. SEC. 337. If the plaintiff in a suit under this provision die, and the cause of action survive, the suit may be revived in the name of his executor or administrator. 6 Neb., 522. SEC. 339. Cited 34 Neb., 833. SECS. 340-343. "An act providing for selling the interests of a deceased partner and settling the accounts between him and his surviving partners." Took effect Feb. 28, 1883. tions of the partnership as well as those remaining unsettled before the death of the deceased partner, as of the said parties thereafter, and shall present to the county court appointing such executor or administrator a full statement of the matter and manner of such settlement, and upon due notice to all parties interested, the said court shall examine, review, correct, approve, or dissalow such settlement. But if the said legal representatives of such deceased partner and the surviving partner cannot agree upon such settlement, the accounts of the dealings and transactions of the partnership shall be settled as heretofore. [Id., § 3.] 2844 SEC. 343. [Special administrator.] In case the executor or administrator of a deceased partner be also his surviving partner, the county court appointing him shall appoint a special administrator to discharge the duties herein provided, and his powers shall be limited thereto. Such appointment shall be made upon the same proceedings as are provided by law for the appointment of special administrators, when there is delay in the granting general letters testamentary or of administration. [Id., § 4.] 2845 SEC. 344. [Renewal of mortgage on real estate of intestate, etc.] The county judge upon proper showing by petition supported by competent testimony, showing that the best interests of the estate demand it, grant authority to the executors or administrators of estates and guardians of the estates of minors, insane persons, feeble minded persons and spendthrifts, to mortgage any real estate belonging to such estates, where mortgages existing on such real estate are due, or are about to become due, and there is no money belonging to such estate with which to pay or redeem such mortgage; Provided, That in no instance shall authority be granted by such county judge to such executors, administrators, or guardians, to mortgage such real estate for a greater sum than the amount secured by the original mortgage. [1887, § 1, chap. 37. Amended 1893, chap. 17; 1895, chap. 33.] 2846 SEC. 345. [Same Special administrator.] That where no administrator has been appointed the county judge may appoint a special administrator to carry out the provisions contained in section one of this act. [Id., § 2.] SECS. 344, 345. "An act to permit county judges to grant authority to administrators of intestate estates to mortgage real estate for certain purposes, and, if necessary, appoint special administrator thereof." Laws, 1887, chap. 37. Took effect April 2, 1887. CHAPTER 24.-DEPUTIES. 2847 SECTION 1. [Who may appoint.] The state auditor, treasurer, and librarian respectively, and each county register of deeds, treasurer, sheriff, clerk, and surveyor, may appoint a deputy, for whose acts he shall be responsible, and from whom he shall require a bond which appointment shall be in writing, and shall be revocable by writing under the principal's hand; and both the appointment and revocation shall be filed and kept in the office of the county clerk, in case of deputies for county officers, but in case of state officers they shall be filed and kept by the principals. [R. S., 127. G. S., 343.] 2848 SEC. 2. [Duties.] In the absence or disability of the principal, the deputy shall perform the duties of his principal pertaining to his own office, but when an officer is required to act in conjunction with or in place of another officer, his deputy cannot supply his place. 2849 SEC. 3. [Who may not be.] The state auditor, treasurer, and librarian can neither of them appoint the other his deputy, nor can either the register of deeds, treasurer, sheriff, clerk, or surveyor of a county appoint either of the others. 2850 SEC. 4. [Sheriff.] The sheriff may appoint such number of deputies as he sees fit. 2851 SEC. 5. [Oath.] Each deputy shall take the same oath as his principal, which shall be endorsed upon and filed with the certificate of his appointment. 2852 SEC. 6. [Allowance.] When a county officer receiving a salary and no fees is compelled by the pressure of the business of his office to employ a deputy, the county commissioners may make a reasonable allowance to such deputy. 2853 SEC. 7. [Acknowledgments.] That deputy clerks of the district and county courts in this state be and they are hereby authorized to take acknowledgments of deeds and other instruments of other writing in the name of their principals, and said acknowledgments shall be as legal and valid as if taken by their principals. [1870, § 1, 17.] 2854 SEC. 8. [Acts legalized.] All deeds or other instruments of writing heretofore acknowledged in the usual form, before any deputy clerk of the district or county courts of any county in this state, shall be and they are hereby declared legal and valid. [Id., § 2.] CHAP. 24. This chapter embraces chap. XV, R. S., and "An act to authorize deputy clerks to take acknowledgments of deeds and other instruments, and to legalize acknowledgments already taken by such clerks." Laws, 1870, 17. G. S., 343. Appointment of deputies to state officers. 25 Neb., 667. County, obligee in deputy sheriff's bond. 34 Neb., 666. For deputies to register of deeds see chap. 18. sec. 77a. SEC. 4. Deputy sheriffs must be residents. See sec. 245nn, Crim. Code. CHAPTER 25.-DIVORCE AND ALIMONY. 2855 SECTION 1. [Void marriages.] Marriages which are declared void by section three of chapter 34, entitled "Marriages," are void without any decree of divorce. [R. S., 128. G. S., 344.] 2856 SEC. 2. [Voidable marriage.] In case of a marriage solemnized when either of the parties are under the age of legal consent, if they shall separate during such non-age, and not cohabit together afterwards, or in case the consent of one of the parties was obtained by force or fraud, and there shall have been no subsequent voluntary cohabitation of the parties, the marriage shall be deemed voidable. 2857 SEC. 3. [Petition to annul marriage.] When a marriage is supposed to be void, or the validity thereof is doubted, for any of the causes mentioned or referred to in the two preceding sections, either party, excepting in the cases where a contrary provision is hereinafter made, may file a petition or bill in the district court of the county where the parties, or one of them, reside, or in the court of chancery, for annulling the same, and such petition or bill shall be filed, and proceedings shall be had thereon, as in the case of a petition or bill filed in said court for a divorce; and upon due proof thereof it shall be declared void by a decree or sentence of nullity. 2858 SEC. 4. [Petition to affirm marriage.] When the validity of any marriage shall be denied or doubted by either of the parties, the other party may file a bill or petition in the manner aforesaid, for affirming the marriage, and upon due proof of the validity thereof it shall be declared valid by a decree or sentence of the court, and such decree, unless reversed on appeal, shall be conclusive upon all persons concerned. 2859 SEC. 4a. [Lien of judgment.] All judgments and orders for payment of alimony or of maintenance in actions of divorce or maintenance shall be DECISIONS.-Action is in nature of proceeding in rem. Affidavit for service by publication jurisdictional After decree of divorce, where service is had by publication, if defendant move to set aside decree and file answer, such answer, while constituting an appearance, does not make decree valid, and can only affect subsequent proceedings. 9 Neb., 202. Sec. 82, code, for opening judgments, does not apply to actions for divorce. 10 Neb., 392. Affidavit for publication in suits for; what they should state. Id. 15 Neb., 615. Unnecessary in affidavit to set forth the particular cause upon which divorce is sought. 21 Neb., 391. Petition should show that plaintiff is a resident or that marriage was solemnized in state; atidavit need not. 10 Neb., 391. Denial in case stated, held, not a denial of cohabitation. 19 Neb., 714. Summons may be served in county other than that where action is brought. 10 Neb., 351. Evidence in case stated, held, insufficient to grant. 10 Neb., 144; 7 Id., 39; 15 Id., 454; 16 Neb., 16, 197. Held, sufficient. 16 Neb., 453; 12 Id., 75; 20 Id., 529. Validity of marriage in case stated, held, sustained by the evidence. 24 Neb., 433. Husband not entitled to divorce on ground of abandonment if it appear that wife was compelled to leave him by reason of his cruel treatment. 25 Neb., 259. On ground of former husband living; evidence; presumption of death. 16 Neb., 553. Petition denied to wife but granted to husband on his answer; evidence, held, insufficient for decree of permanent alimony. 10 Neb., 472. After entry of decree, notice that plaintiff would apply for supplemental decree served on attorney for defendant, held, not sufficient to bring defendant into court; but attorney applying for extension of time to prepare bill of exceptions, held, to be an appearance and waiver of service of notice. 13 Neb., 96. Appeal lies from decree granting divorce. 12 Neb., 73. The fact that incompetent evidence was admitted over the objection of the party complaining, will not require a reversal of the decree, if upon the whole case there was sufficient competent evidence admitted to sustain it. 21 Neb., 464. Order allowing alimony pendente lite cannot be taken by appeal or error to supreme court before judgment or decree granting or denying divorce. 18 Neb., 465. Original decree respecting alimony may be revised by supplemental decree: court has no power to decree conveyance of land. 13 Neb., 95. Nor to make alimony lien on real estate. 12 Neb., 212; 14 Id., 186. Alimony reduced in supreme court. 13 Neb., 273. Alimony allowed in supreme court. 7 Neb., 42; 12 Neb., 76. Question of alimony, after divorce, referred in supreme court. 16 Neb., 456. Wife entitled to dower. 17 Neb., 398. Conveyance by husband to defeat alimony; burden of proof. 18 Neb., 476. Decree rendered in supreme court. 19 Neb., 87. Application to modify decree may be reviewed on error. 19 Neb., 585. Fraudulent conveyance made by husband to wife, set aside after divorce, and, held, subject to lien for alimony. 20 Neb., 59. Fraudulent settlement of case by parties, whereby attorney is deprived of his lien for fees, set aside and amount found due ordered paid into court by defendant. 22 Neb., 77. Provisions of section 4a established the character of an order for payment of alimony with that of a judgment at law, and defendant cannot be committed for contempt upon failure to comply with such judgment. 23 Neb., 308. Conflicting testimony; finding of court below not disturbed. 7 Neb., 41. General denial is good plea to allega tion of adultery; verdict of jury finding defendant not guilty conclusive; facts may be submitted to jury. 6 Neb., 306. Courts of general jurisdiction have power to set aside divorce obtained by fraud. 24 Neb., 554. Where tried. 37 Id., 535. Alimony on ex parte divorce. 31 Id., 386. Liberally construed: not intended to assist designing husbands to discard their wives. 42 Id., 612. Alimony should not be awarded in installments. 61 N. W. R., 692. SEC. 4a. Not a charge on specific realty. 42 Neb., 408. |