Изображения страниц

the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.

SEC. 8. [Contract to be written.]-In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith: First-Every agreement that by its terms is not to be performed within one year from the making thereof. Second-Every special promise to answer for the debt, default, or misdoings of another person. ThirdEvery agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry. Fourth-Every special promise by an executor or administrator to answer damages out of his own estate.

Sec. 9. [Same.]—Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void unless --First-A note or memorandum of such contract be made in writing, and be subscribed by the party to be charged thereby; or, SecondUnless the buyer shall accept and receive part of such goods or the evidences, or some of them, of such things in action; or, Third-Unlessthe buyer shall, at the time, pay some part of the purchase money.

SEC. 10. [Public auction.]—Whenever goods shall be sold at public auction, ana the auctioneer shall, at the time of sale, enter in a sale book a memorandum specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section.

SEC. 11. [Sale void unless accompanied by delivery.)-Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, by way of mortgage or security, or upon any condition whatever, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession, of the things sold, mortgaged, or assigned, shall be presumed to be fraudulent and void, as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith ; and shall be conclusive evidence of fraud unless it shall be made to appear on the part of the persons claiming under such sale or assignment that the same was made in good faith, and without any intent to defraud such creditors or purchasers.

SEC. 12. [Creditors.]—The term "creditors," as used in the last section, shall be construed to include all persons who shall be creditors of the vendor or assignor at any time whilst such goods and chattels shall remain in his possession or under his control.

Sec. 13. [Exception.]—Nothing contained in sections ten and eleven shall be construed to apply to contracts of bottomry or respondentia, nor to assignments or hypothecations of vessels or goods at sea, or in foreign ports, or upon the waters of a navigable stream, if the assignee or mortgagee shall take possession of such vessels or goods as soon as may be after the arrival thereof.

Sec. 14. [Chattel mortgage.]—Every mortgage or conveyance intended to Sec. 8. Promises, Held, Good under the statute. 12 Neb. 70. 14 Id. 20. 15 Id. 101, 131. 9 Id. 384. 18 Id. 567. 19 Id. 532. Promises, Held, Void. 10 Neb. 368. 16 Id. 17. And see 13 Neb. 306. There being no delivery of the deed in question, Held, That it was not available as a memorandum of a contract; nor would certain mortgage and potes executed by the grantee, but not delivered, constitute anch memorandum sufficient to take the case out of the statute. 24 Neb. 86. Promise to pay debt of another; case stated, and promise, Held, To be an original undertaking and not within the statute. 23 Neb. 226.

Sec. 9. Object of section stated. 9 Neb. 150. Defense cannot be interposed by strangers. 10 Neb. 417.

SEC. 11. Question of fraud, how raised. 2 Neb. 151. 13 Id. 77. Retention of possession by mortgagor. 3 Neb. 75. 6 Id. 219, 333, 397, 400. 11 Id. 120, 122. 7 Id. 138, 433. 8 Id. 377. 9 Id, 50. 12 Id. 586. 13 Id. 264. 14 Id. 393. 16 Neb. 439. See also 12 Id. 456. 20 Neb. 554. 25 Id. 80. Replevin by mortgagee. 18 Neb. 225. Presumption of fraud. 20 Veb. 171. ueu very without removal. 27 Id. 414.

SEC. 12. Cited 12 Neb. 586.

SEC. 14. Mortgage between parties good, though not written. 8 Neb. 4. 22 Id. 114. Good between parties. though not recorded. 11 Neb. 496. Failure of clerk to index does not render mortgage void as to subsequent mortgagee. 11 Neb. 501. Filing in case stated, Held, Ipsufficient as legal notice. 25 Neb. 418. Refiling and recording not necessary for protection of mortgagee. 13 Neb. 76. Object of Aling stated. 16 Neb. 461. Filed in county where mortgagor resides is notice into whatever county mortgagor removes prope 20 Neb. 555, 25 Id. 70. Mortgagee cannot withdraw original instrument from office of clerk where filed and proceed to foreclose. 24 Neb. 595. Removal of property to another county; mortgage must be duly filed in county where sale is to take place.

[ocr errors]

operate as a mortgage of upods and chattels hereafter made, which shall not be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditor of the mortgager, and as against subsequent purchasers and mortgagers in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the county clerk of the county where the mortgager executing the same resides, or in case he is a nonresident of the state, then in the office of the clerk of the county where the property mortgaged may be at the time of executing such mortgage, and such clerk shall endorse on such instrument or copy the time of receiving the same, and shall keep the same in his office for the inspection of all persons; and such mortgage or instrument may be so filed,

although not acknowledged, and shall be valid as if the same were fully spread at large i upon the records of the county. [1879, 107.]

Sec. 15. [Index.]-Such clerk shall also enter in a book to be provided by him for that purpose the names of all the parties to such instrument, arranging the names

of such mortgagors alphabetically, and shall note thereon the time of filing such instrui ment or copy. Such mortgage when satisfied shall be discharged by an entry by the : mortgagee, his agent or assignee on the margin of such index, which shall be attested by

the clerk without fee; Provided, also, That the county clerk may discharge a mortgage on the presentation or receipt of an order in writing, signed by the mortgagee thereof and a tested by a justice of the peace or some officer with a seal. Any mortgagee, assiguee, or their legal personal representatives, after full performance of the conditions of the lortgage, who for the space of ten (10) days after being requested shall refuse or neglect to discharge the same as provided in this section, shall be liable to the mortgagor, bis heirs, or assigns in the sum of fifty ($50) dollars damages; and also for all actual damages sustained by the mortgagor, occasioned by such neglect or refusal, said damages to be recovered in the proper action. [Amended 1885, chap. 53.]

SEC. 16. [Ceases to be valid in five years. Every such mortgage shall case to be valid as against the creditors of the person making the same, or subsequent purchasers or mortgagees in good faith, after the expiration of five years from the filing of the same copy thereof. Every such clerk shall be entitled to receive the following fees for services under the provisions of this chapter: For filing such instrument or copy thereof, ten (10) cents; for entering the same in a book, ten (10) cents; and for certified copies of such instruments so filed as aforesaid, for every one hundred words, ten (10) cents. [1879, 108.]

GENERAL PROVISIONS. Sec. 17. (Agreements to defraud.]—Every conyeyance or assignment, in writing or otherwise, of any estate or interest in lands, or in goods or things in action, or of any rents or profits issuing therefrom, and every charge upon lands, goods, or things in action, or upon the rents and profits thereof, made with the intent to hinder, delay, or defraud creditors or persons of their lawful rights, damages, forfeitures, debts, or demands, and every bond or other evidence of debt given, suit commenced, or decree or judgment suffered, with the like intent as against the person so hindered, delayed, or defrauded, shall be void.

Sec. 18. [Grants or assignments.]—Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same shall be in writing, subscribed by the party making the same, shall be void.

Sec. 19. [Void, as to heirs, etc.)-Every conveyance, charge, instrument, or proceeding declared to be:void, by the provisions of this chapter, as against creditors 21 Neb. 400. Mortgage properly filled becomes part of the records of county; duly certified to by proper officers is competent evidence of equal credibility to the original. 25 Neb. 563. Execution of mortgage under assumed and fictitious name; mortgage properly filed; sale by mortgagor to third party under his true name, Held, That title

In execution of chattel mortgage a trust is created in favor of mort

7 Neb. 434. Vendee participating in fraud. 6 Neb. 99. Righta of ali18 Neb. 476. Section cited. 19 Neb. 341. 7 Id. 24. 22 Id. 814. See also chap. 6, ante. Right of melion limited to person hindered, etc. 28 Neb. 575.

did not pass by the latter sale. 25 Neb. 456.
gagor in respect to residue of property after claim of mortgagee iy satisfied. 24 Neb. 63.

SEC. 17. Cause of action, how stated. mony included.

or purchasers, shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers.

Sec. 20. [Fraudulent intent.]—The question of fraudulent intent in all cases arising under the provisions of this chapter shall be deemed a question of fact, and not of law, and no conveyance or charge shall be adjudged fraudulent, as against creditors or purchasers, solely on the ground that it was not founded on a valuable consideration.

SEC. 21. [Title of purchasers.]—The provisions of this chapter shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

Sec. 22. [Lands.]—The term “lands," as used in this chapter, shall be construed as co-extensive in meaning with “lands, tenements, and hereditaments,” and the terms “estate and interest in lands” shall be construed to embrace every estate and interest, free hold and chattel, legal and equitable, present and future, vested and contingent, in lands as above described.

SEC. 23. [Conveyance.]—The term “conveyance,” as used in this chapter, shall be construed to embrace every instrument in writing (except a last will and testament), whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.

SEC. 24. [Consideration.]—The consideration of any contract or agreement, required by the provisions of this chapter to be in writing, need not be set forth in the contract or agreement, or in the note or memorandum thereof, but may be proved by any other legal evidence.

Sec. 25. [Agents.]—Every instrument required by any of the provisions of this chapter to be subscribed by any party may be subscribed by his agent, thereunto authorized by writing

SEC. 26. (Contracts, etc., to be in writing.]-That no sale, contract, or lease, wherein the transfer of title or ownership of personal property is made to depend upon any condition, shall be valid against any purchaser or judgment creditor of the vendee or lessee in actual possession, obtained in pursuance of such sale, contract, or lease without notice, unless the same be in writing, signed by the vendee or lessee, and a copy thereof filed in the office of the clerk of the county, within which such vendee or lessee resides ; said copy shall have attached thereto an affidavit of such vendor or lessor, or his agent or attorney, which shall set forth the names of the vendor and vendee or lessor and lessee, or description of the property transferred and the full and true interest of the vendor or lessor therein. All such sales and transfers shall cease to be valid against purchasers in good faith or judgment or attaching creditors without notice at the expiration of five years, unless such vendor or lessor, shall, within thirty days, prior to the expiration of the five years from the date of such sale or transfer, file a copy thereof, verified as aforesaid, in the office of said clerk, and the said vendor or lessor may preserve the validity of his said sale or transfer of personal property by an annual refiling in the manner as aforesaid of such copy. [1879, § 1, 102.]

Sec. 27. [Index.]—The county clerk, on presentation, shall file such copy in his office, and index the same in the same manner as chattel mortgages are required to be indexed, and he shall receive therefor a fee of twenty-five cents. This act shall not be held to apply to chattel mortgages. [Id. $ 2.] SEC. 28. [Fraudulent transfer.]—If any person or persons in this state, with intent to cheat or defraud his creditors or any of them or with a fraudulent intent to hinder or delay his creditors or any of them in the collection of his or their demanas, shall sell, transfer, secrete, encumber, or in any way fraudulently dispose of any of or all of his goods, wares, merchandise, chattels, bills receivable, choses in action, or property of any kind, or who, upon any sale of any goods, wares, merchandise, or property of any kind, with a fraudulent intent to hinder or delay or to cheat or defraud his creditors I any of them, shall secrete, assign, transfer, conceal, or in any way fraudulently dispose of all or any part of the proceeds of any such sale of any property, he or they shall be deemed guilty of a fraudulent transfer of property, and upon conviction thereof shall be punished in the same manner and to the same extent as if he had been convicted of the larceny of the same property. [Laws 1883, chap. XLVI.] fraudulent sale, transfer, secretion, encumbrance, or disposal of the property with the intent to defraud credit ors, is constitutional and valid, 2 Neb. 61.

13 Id. 33. And see 16 Neb. 3. 18 Id. 453, 573. 19 Id 47. Intent must be plead. 12 Neb. 586. + N. W. R. 66.

SEC. 21. Cited 22 Neb. 814.
SEC. 23. Cited 14 Neb. 292.
SEC. 24. Cited 20 Neb. 657.
SEC. 25. Cited 1 Neb, 52. 3 Id. 213. 14 Id. 292.
Sec. 28. See 5 Neb. 180. 9 Id. 444. 18 Id. 72. 18 Id. 581. See 47 N. W. R. 470.

SBC 28. "An act to prohibit the fraudulent transfer of property and to declare the same a crime, and to prescribe the punishment thereot." Passed and took ettect June 1, 1883. This act, in so lar as it prohibits the

SEC. 20. Cited 4 Neb. 171. 6 Id. 99. 12 Id. 586.

CHAPTER 33.-GRASSHOPPERS. SECTION 1. [Destruction.]—That the supervisors of each road district in this state shall, at the time when the grasshoppers shall have been hatched out and before the same shall become full fledged and able to fly, notify each able-bodied male resident of his district, between the ages of sixteen and sixty years, to perform two days labor, at such time and at such place and in such manner as shall by said supervisor be deemed most efficient, in the destruction of the grasshopper. Said notices shall be given in the same manner as is provided by law for the notice to work upon the public highways. [1877, § 1, 154.]

Sec. 2. [In cities.]-Cities of the first and second class shall be governed by the provisions of this act; and it shall be the duty of the mayor of such cities to appoint not exceeding two supervisors for each ward to oversee the labor to be performed under the provisions of this act.

SEC. 3. [Additional labor.]-In case it shall appear that two days work is not sufficient to destroy the grasshoppers in any district or ward, and it shall further appear that more time can be profitably employed in the destruction of the grasshopper, the supervisors of such ward or road district may require from the persons liable to the provisions of this act not exceeding ten days labor in addition to the time hereinbefore mentioned, and it shall be the duty of such supervisor to give to each person who shall have performed labor under the provisions of this section a receipt for the number of days labor performed, and the supervisor shall upon oath report to the city or county authorities the names and amount of labor performed by each person.

Sec. 4. (Failure to work-Penalty.)-It shall be the duty of all persons subject to the provisions of this act to attend when notified as herein provided, and labor under the direction of the supervisor of their respective district or ward. Any person who after being notified shall refuse, neglect, or fail to comply with the provisions of this act shall forfeit and pay to the county or city treasurer, as the case may be, the sum of ten dollars, together with costs of suit, which sum shall be collected by suit before any justice of the peace within the county, in an action to be brought in the name of the city or county.

Sec. 5. (Report of supervisor.]—The supervisor shall report, under oath, to the city or county authorities, the names of all persons who shall have refused or failed to comply with the provisions of this act.

CRAP. 33. "An act to provide for the destruction of grasshopporn." Passed and took effect Feb. 19, 1977, Laws 1817, 154.

« ПредыдущаяПродолжить »