Benschoter v. Lalk
Nebraska Supreme Court
Appeal from the district court of Sherman county. Heard below before Gaslin, J. cited: Wharton on Agency, Sec. 223. Blackett v. Royal Ex. Assur. Co., 2 Cr. & J., 244. Be Tastet v. 'Orousillait, 2 Wash., G. C’., 132. Brown v. McOran, 14 Peters, 479. Stall v. Meek, 70 Pa.
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Appeal from the district court of Sherman county. Heard below before Gaslin, J. cited: Wharton on Agency, Sec. 223. Blackett v. Royal Ex. Assur. Co., 2 Cr. & J., 244. Be Tastet v. 'Orousillait, 2 Wash., G. C’., 132. Brown v. McOran, 14 Peters, 479. Stall v. Meek, 70 Pa. St., 181. Weed v. Adams, 37 Conn., 378. cited: Bodge v. Hopkins, 14 Wis., 636. Mead v. Brothers, 28 "Wis., 689. Stoll v. Sheldon, 13 Neb., 208. Mathews v. Sowle, 12 Neb., 404. Wharton’s Com. on Agency and Agents, Secs. 137, 132, 459. Story on Agency, Secs. 21, 126. 1 Parson on Contracts, 41. Broom’s Legal Maxims, 646. Vaughn…
1Opinion of the CourtMaxwell, J.
The allegations in the amended petition are, in substance, “that by virtue of a quitclaim deed executed and delivered to the plaintiff by the defendants, Lalk and Kriechbaum, on July 30, 1880, she is the legal owner, but not in the actual possession of the lots. Defendants, Lalk and Kriechbaum, claim an interest and estate adverse to her, are not in the actual possession of the lots, but assume to exercise control over them by virtue of a quitclaim deed from one C. F. C. Moor, dated June 8, 1883. Moor claimed title and assumed to convey by virtue of a warranty deed, dated January 24, 1881,…
2Cases cited1 opinion
- Bigelow v. LivingstonSupreme Court of Minnesota · 1881
3Cited by4 opinions
- Weare v. WilliamsSupreme Court of Iowa · 1892
- Kentucky Coke Co. v. Keystone Gas Co.Court of Appeals for the Sixth Circuit · 1924
- Benschoter v. AtkinsNebraska Supreme Court · 1889
- Oklahoma Natural Gasoline Co. v. Anglo-Texas Oil Co.Supreme Court of Oklahoma · 1928