Smith v. Neufeld
Nebraska Supreme Court
Appeal from the district court for Hamilton county. Heard below before Sornborger, J. Smith has no standing in a court of equity, i,,r the reason that “He who comes into a court of equity must come with clean hands.” 6 Am. & Eng. Ency. Law [1st ed.], 704.
1Opinion of the CourtSullivan, J.
The appellee, Jerome I-I. Smith, having purchased of Tobias Voth certain real estate in Hamilton county, brought an action against C. C. Neufeld and Jacob I. Kroker, judgment creditors of the vendor, to quiet his title to the property. The district court sustained general demurrers to the petition and gave judgment on the merits in favor of the defendants. The case was then brought by appeal to this court, where a decision was rendered reversing the judgment on the ground and for the reason that the facts pleaded were sufficient to constitute a cause of action and to entitle the plaintiff to…
2Cases cited1 opinion
- Kittredge v. StevensCalifornia Supreme Court · 1863
3Cited by12 opinions
- Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1905
- Kuhns v. Live Stock National BankNebraska Supreme Court · 1941
- State Bank v. MackleyNebraska Supreme Court · 1931
- Wittmayer v. Security State BankNorth Dakota Supreme Court · 1928
- Wecker v. ZuecherNebraska Supreme Court · 1932
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