Burbank v. Ellis
Nebraska Supreme Court
Error to the district court for Richardson county. Tried below, before Weaver, J. cited Teeumseh Town Site Gase, 3 Neb., 267. Mills v. Paynter, 1 Neb., 443. Pams do Barones v. Murphy, 3 Minn., 125. Leech v. Banch, 3 Minn., 448. ¡Gastner v. Gunther, 6 Minn., 134. So far as concerns the execution of the deed to Burbank we say this was the execution of a power given by statute, and that to the due execution of a power a recital of, or even an express reference to it, is not…
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Error to the district court for Richardson county. Tried below, before Weaver, J. cited Teeumseh Town Site Gase, 3 Neb., 267. Mills v. Paynter, 1 Neb., 443. Pams do Barones v. Murphy, 3 Minn., 125. Leech v. Banch, 3 Minn., 448. ¡Gastner v. Gunther, 6 Minn., 134. So far as concerns the execution of the deed to Burbank we say this was the execution of a power given by statute, and that to the due execution of a power a recital of, or even an express reference to it, is not necessary; the intent to execute it is matter en pais, to be collected from all the circumstances. Grane v. Lessee of…
1Opinion of the CourtMaxwell, J.
The plaintiff brought an action of ejectment against the defendant, in the district court of Richardson county, to recover possession of lots 19, 20, 21, and 22, in block 65, in the town of Falls City.
The defendant in his answer to the plaintiff’s petition, First, Denied all the facts stated therein. Second, Alleged that he was the owner of said lots, and in actual possession'thereof, and that he had made lasting and valuable improvements thereon. Third, That he purchased said lots at a sale of the same for delinquent taxes in the year 1869, and that on the fourth day of September, 1872, the…
2Cited by12 opinions
- Horbach v. TyrrellNebraska Supreme Court · 1896
- Linton v. National Life Ins. Co. of VermontCourt of Appeals for the Eighth Circuit · 1900
- Bingham v. City of Walla Walla, Washington Territory1887
- Neneman v. RickleyNebraska Supreme Court · 1923
- Linton v. CooperNebraska Supreme Court · 1898
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