Jewett v. Black
Nebraska Supreme Court
Appeal from the district court of Jefferson county. Heard below-before Stull, J. In ejectment, when the defendant alleges an equitable defense, and prays for affirmative relief, the issue presented thereby is equitable in its nature, and is triable by the court without the intervention of a jury, and such issue should be determined first, for upon the right of the defendant to recover upon his equitable counter-claim will depend the necessity of proceeding with the legal…
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Appeal from the district court of Jefferson county. Heard below-before Stull, J. In ejectment, when the defendant alleges an equitable defense, and prays for affirmative relief, the issue presented thereby is equitable in its nature, and is triable by the court without the intervention of a jury, and such issue should be determined first, for upon the right of the defendant to recover upon his equitable counter-claim will depend the necessity of proceeding with the legal issue. 7 Ency. PI. & Pr., 810; Estrada v. Murphy, 19 Cal., 248; Kahn v. Old Telegraph Mining Co., 2 Utah, 174; Sussenbaeh…
1Opinion of the CourtSuTJ-jIVAN, J.
This is an appeal from a judgment of the district court enforcing specific performance of a contract for the sale of a half section of land in Jefferson county. On Jan-*176nary 1, 1891, Hugh J. Jewett, the owner of the property, sold it to John H. Sanford for the sum of §2,560. Of this sum part was paid when the contract was executed and a portion of the remainder was to be paid on the first day of January in each of the four succeeding years. On June 1, 1891, Sanford sold the premises to Austin and Jerry Black, the appellees herein, for the sum of §4,800, to be paid in small installments. The…
2Cases cited3 opinions
- Barnard v. LeeMassachusetts Supreme Judicial Court · 1867
- Abendroth v. Van DolsenSupreme Court of the United States · 1889
- Kimball v. TookeIllinois Supreme Court · 1873
3Cited by18 opinions
- Buford v. DahlkeNebraska Supreme Court · 1954
- Fisbeck v. Scherbarth, Inc.Nebraska Supreme Court · 1988
- Jones v. Mississippi Farms Co.Mississippi Supreme Court · 1917
- De Forge v. PatrickNebraska Supreme Court · 1956
- Shearer v. BrumbaughNebraska Supreme Court · 1949
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