Williams v. Neely
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill in equity exhibited by the complainants below, Joseph A. Williams and Annie Williams, to enjoin the prosecution of an action at law which the defendant Richard M. Neely had brought against them in the court below to enforce the payment of their promissory note for $3,500, dated March 1, 1893, and due March 1, 1898, and to obtain a decree…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill in equity exhibited by the complainants below, Joseph A. Williams and Annie Williams, to enjoin the prosecution of an action at law which the defendant Richard M. Neely had brought against them in the court below to enforce the payment of their promissory note for $3,500, dated March 1, 1893, and due March 1, 1898, and to obtain a decree adjudicating the claims of the defendants in this suit to three quarter sections of land in the state of Nebraska. The…
1Opinion of the CourtSanborn, Circuit Judge
This is a suit in chancery. The theory upon which counsel for the complainants seeks to maintain it is this: In equity and good conscience, Richard M. Neely ought not to be permitted to recover upon the complainants’ note the full amount of the unpaid purchase price of the land which they bought of his mother, Mrs. Annie H. Neely, through him as her agent, but the amount of his recovery should be reduced by the diminution of the value of the title which resulted frcm the liens upon the land which they bought. The purchase price which the complainants agreed to pay was the full value of a…
2Cases cited78 opinions
- Wood v. CarpenterSupreme Court of the United States · 1879
- Davis v. WakeleeSupreme Court of the United States · 1895
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
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3Cited by107 opinions
- Bull v. United StatesSupreme Court of the United States · 1935
- Stone v. WhiteSupreme Court of the United States · 1937
- Brewster v. Lanyon Zinc Co.Court of Appeals for the Eighth Circuit · 1905
- Luckenbach Steamship Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1963
- Boatmen's Bank v. FritzlenCourt of Appeals for the Eighth Circuit · 1905
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