Levy v. Ryland
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. H. A. Pile, Judge. Suit by William Levy against Richard Byland. From an order sustaining a demurrer to the complaint, and from a judgment dismissing it on refusal to amend, plaintiff appeals. The facts sufficiently appear in the opinion.
Read the full summary
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. H. A. Pile, Judge. Suit by William Levy against Richard Byland. From an order sustaining a demurrer to the complaint, and from a judgment dismissing it on refusal to amend, plaintiff appeals. The facts sufficiently appear in the opinion. I. The complaint fails to state a cause of action, for the reason that there is nothing to show any identity between the subject-matter of the alleged contract and the subject-matter of the purchase. No resulting trust arose from the facts alleged. The…
1Opinion of the Court
By the Court,
Sweeney, J.:
This is a suit in equity brought by the appellant, Levy, wherein he seeks to recover from the respondent, Eyland, the legal title to an undivided one-half interest in certain real property in the City of Eeno, County of Washoe, State of Nevada. To the complaint of appellant, respondent interposed a demurrer in the lower court setting forth the following grounds: "(1) That the cause of action 'stated accrued more than five years before the commencement of the action. (2) That at no time within five years next preceding the institution of the suit was appellant seized…
2Cases cited84 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Marston v. . SwettNew York Court of Appeals · 1876
- Howe v. HoweMassachusetts Supreme Judicial Court · 1908
- Gardner v. RundellTexas Supreme Court · 1888
79 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Miller v. WalserNevada Supreme Court · 1919
- Stanley v. A. Levy & J. Zentner Co.Nevada Supreme Court · 1941
- Reid v. KeatorIdaho Supreme Court · 1934
- Lanigir v. ArdenNevada Supreme Court · 1966
6 more not listed; retrieve them via the Exa API.