My WebLink
|
Help
|
About
|
Sign Out
Browse
202200334
LFImages
>
Deeds
>
Deeds By Year
>
2022
>
202200334
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/13/2022 3:48:10 PM
Creation date
1/13/2022 3:48:09 PM
Metadata
Fields
Template:
DEEDS
Inst Number
202200334
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
19
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
202200334 <br />in the amount of $8,500. See Mischke v. Mischke, 253 Neb. 439, 447-48, 571 N.W.2d 248, <br />255-56 (1997). <br />November 3, 2017: Plaintiffs allege Defendant is responsible for a $21,000 <br />withdrawal made from Howard's account at Home Federal Bank, as well an additional <br />withdrawal of $4,400 on November 5, 2017. See Exhibits 34 and 35. It appears the <br />authorizations and checks were signed by Howard and not by Defendant. When questioned <br />about the funds, Defendant testified that he did not know what the funds were for and there <br />was no evidence that he made the withdrawal or kept the funds. The plaintiffs have not <br />satisfied their burden as to this transaction. See Adelung v. Adelung, 306 Neb. 646, 673, <br />947 N.W.2d 269, 291 (2020) (referencing prior case law rejecting an abuse of power of <br />attorney when the principal acted directly by affixing her own signature). <br />November 28, 2017: Defendant wrote a check to himself in the amount of $25,000 <br />from Howard's account. A copy of the check no. 13853 was offered and received as <br />Exhibit 40. The memo line for the check indicated "transfer and fencing." Defendant <br />testified that he transferred the funds from Howard's account to his own account, with her <br />permission, and used the money for the acreage, but he provided no further accounting as <br />to how the funds were used. The Court finds this withdrawal and use of Howard's property <br />was not in her best interest, but primarily benefited Defendant. Defendant did not have the <br />authority to gift himself these funds. Plaintiffs shall have judgment in the amount of <br />$25,000. <br />December 4, 2017: Defendant wrote a check to American Fence from Howard's <br />account in the amount of $4,000. A copy of the check no. 13854 was offered and received <br />as Exhibit 37. Defendant acknowledged withdrawing the funds and using the money for <br />fencing on the acreage. The Court finds Defendant has satisfied his burden of providing <br />an accounting for these funds. Unlike the prior transaction, which Defendant issued to <br />himself, check no. 13854 was paid to a third party vendor and used to improve the acreage. <br />Because plaintiffs have now been awarded the acreage, they may not also recover the value <br />of improvements made to the property, as doing so could amount to a double recovery. See <br />Vowers & Sons, Inc. v. Strasheim, 254 Neb. 506, 516, 576 N.W.2d 817, 825 (1998) ("As a <br />13 <br />Certified Page 13 of 17 <br />
The URL can be used to link to this page
Your browser does not support the video tag.