Roddy v. Roddy
Nebraska Supreme Court
This action was commenced in tbe district court of Otoe comity, by the defendants in error, to enforce an alleged trust as to certain lands known as the undivided balf of lot two in section twenty-nine, and thirty-two and a balf acres off the west side .of tbe south west quarter of section thirty-one, township nine, range fourteen, east, the legal title to which was in the plaintiffs in error.
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This action was commenced in tbe district court of Otoe comity, by the defendants in error, to enforce an alleged trust as to certain lands known as the undivided balf of lot two in section twenty-nine, and thirty-two and a balf acres off the west side .of tbe south west quarter of section thirty-one, township nine, range fourteen, east, the legal title to which was in the plaintiffs in error. The cause was tried at the September term, A. D. 1872, of tbe district court before Mr. Chief Justice Mason, and judgment was entered granting to the defendants in error thirty-seven and six-tenths…
1Opinion of the Court
Lake, Ch. J.
The decree of the court below, in this cause, cannot be sustained. The petition even if fully supported by the evidence, woidd not justify a recovery as to all of the land. It is not contended that a trust was declared as to any of the land, .except that portion of it known as the Compton tract, and yet the court found that one existed also as to the one hundred and twenty-seven and a-half acres purchased from one Calvert. The decree, therefore, to the extent that it affects this last mentioned tract, must be reversed as a matter of course.
"We will next inquire whether the…
2Cited by4 opinions
- Holbein v. HolbeinNebraska Supreme Court · 1948
- Kobarg v. GreederNebraska Supreme Court · 1897
- Maca v. SabataNebraska Supreme Court · 1948
- Groat v. Wilkinson, Court of Common Pleas of Ohio, Hamilton County1921