Fox v. Bernard
Nevada Supreme Court
Appeal from District Court of the First Judicial District of the State of Nevada, Lyon County; M. A. Murphy, Judge. Action by C. F. Fox against Mrs. Harriet Bernard, as executrix of William Bernard, deceased, and individually, and others. From a judgment for plaintiff, defendants appeal. Petition for rehearing. The facts sufficiently appear in the opinion. I. The plaintiff must prove the contract alleged in his complaint, or he is not entitled to recover.
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Appeal from District Court of the First Judicial District of the State of Nevada, Lyon County; M. A. Murphy, Judge. Action by C. F. Fox against Mrs. Harriet Bernard, as executrix of William Bernard, deceased, and individually, and others. From a judgment for plaintiff, defendants appeal. Petition for rehearing. The facts sufficiently appear in the opinion. I. The plaintiff must prove the contract alleged in his complaint, or he is not entitled to recover. This is not a mere arbitrary rule, but is founded on good sense as well as good law. (22 Ency. PL & Pr. 527; Greenl. Ev. sec. 63; Jones,…
1Opinion of the Court
By the Court,
Talbot, J.:
On February 18,1893, the plaintiff loaned $400 to William Bernard, now deceased, and to secure the payment thereof he deeded to plaintiff on that day the lands described in the complaint, and at the same time plaintiff executed to him a bond for a deed whereby he agreed to reconvey the property on or before February 18, 1898, provided that he was paid on or before that date $400, and also $36 annually. On February 8, 1896, plaintiff loaned Bernard the additional sum of $600, and accepted as security for $1,000 and interest the deed made to plaintiff at the time the…
2Cases cited2 opinions
- Cookes v. CulbertsonNevada Supreme Court · 1874
- Borden v. ClowNevada Supreme Court · 1892
3Cited by1 opinion
- Nowell v. LarrimoreCourt of Appeals of Maryland · 1954