Legal Opinion

Englebert v. Troxell

Nebraska Supreme Court

Decided April 17, 1894No. 5165PublishedCited by 35 opinions

Appeal from the district court of Douglas county. Heard below before Davis, J. The facts are stated by the commissioner. contending that the contract was beneficial to the infant and should be sustained, cited: Breed v. Judd, 1 Gray [Mass.], 455 ; Baker v. Lovett, 6 Mass., 78; Wheaton v.East, 5 Yerg. [Tenn.], 41; Rad-ford. v. Westoott, 1 Uesau. [S. Car.], 596. In some cases it has been held that services of counsel for an infant in regard to his estate are necessaries.

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Appeal from the district court of Douglas county. Heard below before Davis, J. The facts are stated by the commissioner. contending that the contract was beneficial to the infant and should be sustained, cited: Breed v. Judd, 1 Gray [Mass.], 455 ; Baker v. Lovett, 6 Mass., 78; Wheaton v.East, 5 Yerg. [Tenn.], 41; Rad-ford. v. Westoott, 1 Uesau. [S. Car.], 596. In some cases it has been held that services of counsel for an infant in regard to his estate are necessaries. (Epperson v. Nugent, 57 Miss.,45; Thrall v. Wright, 38 Yt.,494; Askey v. Williams, 74 Tex., 294.) The first deed was an…

1Opinion of the Court

Ragan, C.

On April 1, 1874, Mrs. Frances H. Englebert was the-owner of lot 3 in Geise’s addition to the city of Omaha. At that time she and her husband, J. Lee Englebert, executed a mortgage on said lot to Max Meyer & Bro. to secure a note of $378.48, due July 1,1874. Soon after that time Mrs. Englebert and her husband removed to Des Moines, Iowa, in which city Mrs. Englebert died on the' 29th of December, 1875. She died intestate, leaving her husband and one child, the appellee herein, then a boy about seven years of age. November 1,1881, Max Meyer <& Bro. brought suit in the district court…

2Cases cited24 opinions

  1. Sims v. EverhardtSupreme Court of the United States · 1880
  2. Chandler v. SimmonsMassachusetts Supreme Judicial Court · 1867
  3. Irvine v. IrvineSupreme Court of the United States · 1870
  4. Tunison v. ChamblinIllinois Supreme Court · 1878
  5. Illinois Land & Loan Co. v. BonnerIllinois Supreme Court · 1874

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3Cited by35 opinions

  1. American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
  2. Criswell v. CriswellNebraska Supreme Court · 1917
  3. Gonackey v. General Accident, Fire & Life Assurance Corp.Court of Appeals of Georgia · 1909
  4. Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
  5. Peterson Ex Rel. Peterson v. SkilesNebraska Supreme Court · 1962

30 more not listed; retrieve them via the Exa API.

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