prayer to have it so adjudged, are not inconsistent, and it is error to compel an election upon which he will stand. Stubendorf & Co. v. Hoffman, 23 Neb. 360 (36 N. W. 581).

69. (1902.) A married woman held title to certain real estate and a judgment creditor of her husband filed a bill to subject the property to the payment of his judg ment. The answer among other allegations contained the following: "Defendant denies every material allegation of the petition." Held, That as the plaintiff did not in any manner question the sufficiency of this answer in the district court he could not, on appeal, treat it as insufficient, or as confessing the allegations of the petition. Doering v. Kohout, 2 Unof. 436 (89 N. W. 268).

70. (1904.) Answer examined and held to state a good defense to the plaintiff's petition. Baxter v. Avery, 5 Unof. 316 (98 N. W. 667).

Issues and proof.

71. (1885.) Where the payee of a note given as a memorandum to show the amount to be paid by the maker from the proceeds of the sale of property delivered to him by the payee, and upon the maker purchasing real estate with such proceeds, taking title in his wife, the payee of the note by bringing an action in the nature of a creditors' suit to subject the premises to the payment of his judgment, abandons all equities he might have growing out of the original contract, and must prove the fraudulent character of the conveyance as must any other creditor. Kimbro v. Clark, 17 Neb. 403 (22 N. W. 788).

72. (1885.) Where after judgment and before the issuance of execution thereon, the defendant removed to another county, and the plaintiffs issued an execution to the original county, which was returned wholly unsatisfied for want of goods or lands, upon a creditors' bill being brought to subject a certain other judgment to the payment of said first named judgment, on the ground that said last named judgment was held in secret trust for the debtor in said first named judgment, and said bill contained an averment "that the said defendant, William H. Thompson, has no property whatever subject to sale on execution," held, sufficient. Sayre v. Thompson, 18 Neb. 33 (24 N. W. 383).

Evidence.

Admissibility.

73. (1884.) Where defendant is charged with the execution of a fraudulent deed, it is proper to allow him to testify to "the facts and circumstances relative to the conveyance." Union Nat. Bank v. Harrison, 16 Neb. 635 (21 N. W. 446).

Weight and sufficiency.

74. Evidence in a creditors' suit held sufficient to sustain a decree for plaintiff. (1894) Vandecar v. Johnson, 41 Neb. 577 (59 N. W. 918); (1894) First Nat. Bank v. Sloman, 42 Neb. 350 (60 N. W. 589; 47 Am. St. Rep. 707); (1895) Steinkraus v. Korth, 44 Neb. 777 (62 N. W. 1110); (1899) Millard v. Russell, 57 Neb. 178 (77 N. W. 390); (1899) Parlin O. & M. Co. v. Ulrich, 57 Neb. 780 (78 N. W. 275).

75. (1884.) The equities of the case being all with the defendants, the judgment in their favor upheld. Union Nat. Bank v. Harrison, 16 Neb. 635 (21 N. W. 446).

76. (1889.) In an action in the nature of a creditors' suit, to reach property for the satisfaction of a judgment, alleged to have been fraudulently conveyed by defendant to a nephew, thence by him to the wife, evidence showing the property was pur chased with the wife's separate money will sustain a finding for defendant. Wood . O'Hanlon, 26 Neb. 527 (42 N. W. 733).

77. (1890.) The facts stated at length in the opinion are sufficient to entitle the plaintiff to equitable relief. Smith v. Shoffer, 29 Neb. 656 (45 N. W. 936).

78. (1892.) M. and H., doing business at C. under the name of M., sold their business and stock, taking the notes of the purchasers payable to M. M. sold one of the notes to a bank and indorsed the same. He also delivered to the bank other firm notes to secure his private indebtedness. In a creditors' bill by creditors of the firm to subject the latter notes to payment of the firm debts, held, that the proof clearly showed that the officer of the bank taking the notes as security for a personal debt of M., a member of the firm, knew that they belonged to the partnership and that the creditors of the firm were entitled to the proceeds of such notes. Tolerton v. MeLain, 35 Neb. 725 53 N. W. 667).

79. (1894.) A creditors' bill to restrain a transfer of a certificate of deposit in a bank by a judgment creditor, sustained by

the evidence.

560 (58 N. W.

Rathbun v. Dooley, 39 Neb. 136).

80. (1894.) Discussion of evidence tending to show that property was conveyed to, and held by, the wife in fraud of the rights of her husband's creditors. First Nat. Bank of Chicago v. Sloman. 42 Neb. 350 (60 N. W. 589; 42 Am. St. Rep. 707).

81. (1894.) The evidence in support of a creditors' bill being sufficient to sustain the finding of the trial court, its judgment must be affirmed when no other question than such sufficiency is presented by the record. Rathbun v. Dooley, 39 Neb. 560 (58 N. W. 136).

82. (1895.) In an action to subject to the payment of her husband's debts real property held by the wife, a finding sustained by sufficient evidence that the said property was wholly acquired by means legally and equitably belonging to the wife, justified the district court in dismissing the action in so far as said property was concerned. Trester v. Pike, 43 Neb. 779 (62 N. W. 211).

83. (1900.) A judgment was obtained in the county court of the county in which the judgment debtors resided, and a transcript thereof filed in the district court, upon which execution was duly issued and returned nulla bona. Action in the nature of a creditors' bill was begun, and the debtors answering alleged and offered proof of ownership of a small tract of real estate of uncertain value in another county subject to execution. Evidence examined, and held insufficient to defeat plaintiffs' right of recovery in their equity action. Thompson v. La Rue, 59 Neb. 614 (81 N. W. 612).

84. (1902.) Evidence examined, and held not sufficient to sustain the judgment. Westervelt v. Filter, 2 Unof. 731 (89 N. W. 994).

85. (1902.) Evidence examined, and held to support the judgment of the district court discussing the bill. First Nat. Bank of Plattsmouth v. Petersen, 3 Unof. 102 (91 N. W. 195).

General judgment as bar to special relief.

86. (1905.) In a creditors' bill asking merely to have the conveyance of land made subject to plaintiff's claim, a judgment for plaintiff will bar a subsequent action by him to have rents and profits previously re.ceived by the purchaser, applied to the

claim, although the latter relief was not prayed for in the former action. First Nat. Bank of Plattsmouth v. Gibson, 74 Neb. 232 (104 N. W. 174).

Dismissal.

87. (1899.) A motion for dismissal of a proceeding to reverse the adjudication in an action by creditors' bill, the decree which determined the amount due the creditor a judgment debt, and annulled conveyances of titles to land as fraudulent, will not be sustained, for the reason that the debt has, subsequent to the decree, been satisfied and released. Boldt v. First Nat. Bank of West Point, 59 Neb. 283 (80 N. W. 905).

88. (1902.) Where there was evidence in a creditors' bill showing that one of the defendants had purchased property of considerable value from the debtor, and he defaulted and refused to answer, it was error to dismiss as to him. Benedict v. T. L. V. Land & Cattle Co., 66 Neb. 236 (92 N. W. 210).

89. (1902.) It is error to dismiss a creditors' bill on finding that certain of the defendants were indebted to the judgment debtor for rent, for the reason that plaintiff had an adequate remedy by garnishment, as one of the objects of such a bill is to avoid a multiplicity of suits. Benedict v. T. L. V. Land & Cattle Co., 66 Neb. 236 (92 N. W. 210).

Relief awarded.

90. (1905.) In a creditors' bill asking merely to have the conveyance of land made subject to plaintiff's claim, a judgment for plaintiff will bar a subsequent action by him to have rents and profits previously received by the purchaser, applied to the claim, although the latter relief was not prayed for in the former action. First Nat. Bank of Plattsmouth v. Gibson, 74 Neb. 232 (104 N. W. 174).

Lien of judgment.

91. (1904.) Creditors of an insolvent debtor filed a bill against the debtor, joining with him as defendant a bank to whom the debtor was alleged to have been made a fraudulent transfer of chattels, the object of the bill being to cancel the mortgage and subject the fund created by the sale of the chattels to their claims. The decree canceled the mortgage and orderd the bank to pay the fund into court. Held, That the decree did not constitute a lien on the real estate of the bank. Campbell v.

Noyes, Norman & Co., 72 Neb. 201 (100 N. W. 205).

Interest on judgment.

92. (1901.) Where the decree in a suit in the nature of a creditors' bill orders a defendant to pay a fund in his hands into court forthwith, interest is chargeable thereon as upon any other judgment, without an express direction to that effect in the decree. Stuart v. Burcham, 62 Neb. 84 (86 N. W. 898; 89 Am. St. Rep. 739).

93. (1901.) A defendant in a suit to which all the claimants of a fund in his hands are parties, who, being ordered by the decree to pay the fund into court, excepts to such decree and participates in an appeal therefrom by one of the claimants, cannot be heard to claim, after affirmance of the decree, that he was a mere stakeholder and therefore is not chargeable with interest. Stuart v. Burcham, 62 Neb. 84 (86 N. W. 893; 89 Am. St. Rep. 739). Execution and enforcement of judgment.

94. (1901.) Execution is a proper process to enforce a decree directing a defendant to pay money into court. Stuart v. Bur cham, 62 Neb. 84 (86 N. W. 898; 89 Am. St. Rep. 739).

95. (1902.) A supersedeas bond conditioned to pay costs and abide the result of an appeal, is not sufficient to prevent a successful defendant in a creditors' suit brought to set aside an assignment of a judgment from proceedings to collect the judgment, where no provisions as to the conditions of the bond were made in the order of the district court. Carson v. Jansen, 65 Neb. 423 (91 N. W. 398).

Sale of property under decree. 96. (1898.) In a suit to subject realty claimed by a wife to payment of judgments against her husband, where the decree in such suit was for plaintiff, ascertained the amounts due on the judgments, and directed the sheriff to sell the realty as upon execution, it was held that a sale under the decree, rather than upon executions, vested title in the purchaser. Schott v. Machamer, 54 Neb. 514 (74 N. W. 854).

97. (1901.) Issuance of the order of sale pending a motion for a new trial is no ground of objection to the sale.

Cochran

v. Cochran, 1 Unof. 508 (95 N. W. 778). 98. (1901.) A direction in a decree in a creditor's suit that certain property be

"sold as upon execution" is suficient authority for a sale by the sheriff. Cochran v. Cochran, 1 Unof. 508 (95 N. W. 778).

99. (1901.) Technical irregularities in sale proceedings which are not shown to have been and in their nature could not have been prejudicial, are no ground for setting the sale aside. Cochran v. Cochran, 1 Unof. 508 (95 N. W. 778).

100. (1902.) Under a prayer for general relief in a creditors' bill, a sale of property not attached may be decreed, where the facts entitling a party to such sale are alleged and proved, although the petition asks specifically only for a sale of attached property. Columbia Nat. Bank v. Baldwin, 64 Neb. 732 (90 N. W. 890). Distribution among creditors.

101. (1901.) Certain judgment creditors consented to a consolidation of their va rious bills, no order being at the time made or requested determining their respective priorities, and thereafter all shared in the prosecution and expense of such consolidated suit. Held, That it does not affirmatively appear that the trial court erred in requiring such creditors to prorate in the proceeds of the suit. Nebraska Nat. Bank v. Hallowell, 63 Neb. 309 (88 N. W. 556).

102. (1901.) A creditor who has re duced his claim to judgment and had execution thereon returned unsatisfied who intervenes in such action is entitled to a preference in the payment of his claim. Merchants Nat. Bank of Omaha v. McDonald, 63 Neb. 363 (88 N. W. 492; 89 N. W. 770).

103. (1901.) As to judgment creditors who bring individual suits, and prosecute them to judgment on their own account and solely at their own expense, the rule my be regarded as settled that the creditor first in point of time in the commencement of his suit is entitled to priority. Nebraska Nat. Bank v. Hallowell, 63 Neb. 309 (88 N. W. 556).

Review.

104. (1884.) Upon the pleadings and proof, in an action in the nature of a creditor's suit the decree of the district court affirmed in part, and modified in part. Sweet v. Craig, 15 Neb. 349 (18 N. W. 505).

105. (1889.) In an action in equity, in the nature of a creditor's bill to subject certain property held in the name of a wife to the payment of debts of one who conveyed