Adams-Booth Co. v. Reid
U.S. Circuit Court for the District of Nevada
In Ejectment. This is an action to recover possession of certain property, hereinafter described. From the evidence offered on behalf of iilaintifi, it appears, among, other things, that on June 15, 1895, P. K. Reid and. his wife, two of the de-’ fendants in this action, made, executed, and delivered to the plaintiff herein a mortgage to secure the payment of a note for $5,000 upon all of lots 6, 7, 8, 9, and 14; also N. ½ of .lot 10 in block No. 22 in Lovelock.
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In Ejectment. This is an action to recover possession of certain property, hereinafter described. From the evidence offered on behalf of iilaintifi, it appears, among, other things, that on June 15, 1895, P. K. Reid and. his wife, two of the de-’ fendants in this action, made, executed, and delivered to the plaintiff herein a mortgage to secure the payment of a note for $5,000 upon all of lots 6, 7, 8, 9, and 14; also N. ½ of .lot 10 in block No. 22 in Lovelock. Attached to said mortgage was the following memorandum; “This memorandum made this loth day of June, 1895, between P. K. Iteid, of…
1Opinion of the CourtHawley, District Judge
(orally). I am of opinion that this court would have been justified in refusing to allow defendants to offer any parol testimony as to the alleged agreement they made with the father. ■ The agreement was not in writing, and by its terms was not to be performed within one year from the making thereof; and the evidence given by the witnesses came within the provision of the statute of frauds, and should have been excluded. Warner v. Railway Co., 164 U. S. 418, 431, 17 Sup. Ct. 147, 41 E. Ed. 495. But it unnecessary to rest this opinion solely upon that ground. Admitting, for the sake of the…
2Cases cited10 opinions
- Townsend v. LittleSupreme Court of the United States · 1883
- Graham v. Railroad Co.Supreme Court of the United States · 1880
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Ely v. WilcoxWisconsin Supreme Court · 1866
- Lessee of Billington v. WelshSupreme Court of Pennsylvania · 1812
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3Cited by1 opinion
- Olson v. OlsonSupreme Court of Minnesota · 1938